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Madras High CourtCRL OP/3843/2026granted

Deepak v. State Of Tamil Nadu Represented By

2026-02-17Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Deepak S/o. Malaiyappan, No.1 CYS Road, Mangalapuram, Chennai District.

..Petitioner(s) Vs State of Tamil nadu represented by The Inspector of Police, Otteri Police Station, Otteri Police Station, Chennai Crime No.5 of 2026 ..Respondent(s) PRAYER: pleased to enlarge the petitioner on bail concerned in Crime No.05 of 2026 on the file of the Inspector of Police, Otteri Police Station,Chennai District on such terms and conditions as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s):

M/S.R.Parthiban For Respondent(s):

Mr.A.Gopinath Government Advocate(Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.01.2026, for the alleged offence punishable under Section 8(c), 22(b), 29(1) of NDPS Act 1985 in Crime No.5 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 24 grams of Methamphetamine, and the same was seized by the respondent police. Hence, the case has been registered and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he in judicial custody from 03.01.2026, and Section 37 of the NDPS Act is not applicable to the petitioner, and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous cases pending against the petitioner and the investigation is pending. Hence, he

opposed for grant of bail to the petitioner.

5. I have gone through the records and other connected materials; it revealed that the contraband seized in this case is not a commercial quantity, and the petitioner is in custody from 03.01.2026, and there is no previous cases pending against the petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Metropolitan Magistrate-X, Egmore, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or

witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

17-02-2026 MPA Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Metropolitan Magistrate-X, Egmore.

2. State of Tamil nadu represented by The Inspector of Police, Otteri Police Station, Otteri Police Station, Chennai Crime No.5 of 2026 3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 17-02-2026