Ajith Kumar v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ajith Kumar

...Petitioner/A2

Vs.

State, represented by The Inspector of Police, N-2 Kasimedu Police Station, Chennai.

(Crime No.62 of 2025) ..Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner/Accused on bail in Crime No.62 of 2025 on the file of the respondent.

For Petitioner :

Mr.G.Ezhil Balaji 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 24.01.2025, seeking bail Page No.1 of 5

in Crime No.62 of 2025 registered for the offence under Sections 8(c), r/w 20(b)(ii)(B) & 29(1) of the NDPS Act, 1985 and 25(1B) (a) of Arms Act. 2.The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 1.200 Kilograms of Ganja and five knives. Hence, the case.

3.Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the case. He further submitted that the contraband seized is intermediate quantity and that the petitioner is in custody from 24.01.2025. Hence, he prayed for grant of bail to the petitioner.

4.Per contra, learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case. He further submitted that the contraband has been seized and that three previous cases are pending against the petitioner.

5.Heard the learned counsel appearing for the petitioner and the Page No.2 of 5

learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the nature of allegation and the period of incarceration, the fact that the contraband has been seized is intermediate quantity and the petitioner is on bail in all the other 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 XVI Metropolitan Magistrate at George Town, Chennai, 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; Page No.3 of 5

[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.

03.03.2025 rkp Copy to:

1.The Inspector of Police, N2, Kasimedu Police Station, Chennai.

2.Central Prison, Puzhal, Chennai.

3.The XVI Metropolitan Magistrate at George Town, Chennai. 4.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

SUNDER MOHAN, J.

rkp 03.03.2025 Page No.5 of 5