Ajith @ Avuja v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ajith @ Avuja

...Petitioner/Accused

Vs.

State through The Inspector of Police, E-3, Minjur Police Station.

(Crime No.34 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.34 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.D.Dhanasekar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 18.01.2025, seeking bail in Crime No.34 of 2025 registered for the offence under Sections 8(c) r/w Page No.1 of 5

20(b)(ii)(B) of NDPS Act, 1985.

2.The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 1200 grams of Ganja. Hence, the case.

3.Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the contraband seized is intermediate quantity and that the petitioner is in custody from 18.01.2025. Hence, he prayed for grant of bail to the petitioner for IPC offences.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband has been seized and that the petitioner is having four previous cases.

5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and Page No.2 of 5

perused the materials available on record.

6.Considering the period of incarceration, the fact that the previous cases have been registered for the offence under IPC and the petitioner is on bail in all those cases 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 Judicial Magistrate, Ponneri, 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, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either Page No.3 of 5

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.

26.02.2025 rkp Copy to:

1.The Inspector of Police, E-3, Minjur Police Station.

2.Central Prison-II, Puzhal.

3.The Judicial Magistrate, Ponneri.

4.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

SUNDER MOHAN, J.

rkp 26.02.2025 Page No.5 of 5