Ajay @ Ajith Kumar v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4894 of 2025 Ajay @ Ajith KUmar S/o. Raj Kumar ... Petitioner/Accused Vs.
The State represented byThe Inspector of Police, D1 Triplicane Police Station, Chennai.
(Crime No.34 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.34 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. P. Vishnu Prasad For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 23.01.2025, seeking bail in Crime No.34 of 2025 registered for the offence under Sections 8(c), 22(b) and 29(1) of 1/6
NDPS Act.
2. The case of the prosecution is that on secret information, with regard to illegal sale of Ganja, the respondent police went to the place of occurrence and found A1 in illegal possession of 44 tablets of Nitravet and Rs.200/- and seized the contraband and cash.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent; that he has not at all involved in any offence; that he has been falsely implicated in this case and he is in judicial custody for one month; that no recovery was made from this petitioner; that contraband and cash was seized from A1 and hence prayed for grant of bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the contraband was seized and there is one previous case registered under IPC pending against the petitioner, in which, he is on bail.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the 2/6
materials available on record.
6. Considering the nature of allegations, period of incarceration, the fact that the contraband seized from A1 is intermediate quantity, no recovery was made from this petitioner, there is one previous case registered under IPC pending against the petitioner, in which, he was granted bail, and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai.
[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., until further orders; 3/6
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with 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.
24.02.2025 mjs To
1. The II Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, D1 Triplicane Police Station, Chennai.
3. The Superintendent, Central Prison, Puzhal, Chennai. 4/6
4. The Public Prosecutor, High Court of Madras. 5/6
SUNDER MOHAN., J.
mjs Crl.O.P.No.4894 of 2025 24.02.2025 6/6