Mayur G Burad v. State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6481 of 2025 Mayur G. Burad ... Petitioner/Accused-10 Vs.
The State represented byThe Inspector of Police, F-5 Choolaimedu Police Station, Chennai.
(Crime No.37 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.37 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. N.Sudharsan For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.02.2025, seeking bail in Crime No.37 of 2025 registered for the offence under Sections 8(c), 22(b) & 25 of NDPS Act.
2. The case of the prosecution is that A1 and A2 were found in possession of 2.11 grams of cocaine and 1.82 grams of cocaine respectively; that on their confession, the petitioner was arrested and he was found in possession of 51 grams of Cocaine and various quantities of contraband was seized from other accused. The total quantity of contraband seized from all the accused is 59.93 grams of cocaine, 1.550 kgs of Ganja, 00.1 grams of 'OG' Ganja and 4 grams of Ganja oil.
3. Learned counsel appearing for the petitioner submitted that the total quantity of contraband seized, is an intermediate quantity; that in any case, the petitioner is sought to be implicated, only based on the confession of the coaccused; that the petitioner has no bad antecedents; that he was in possession of 51 grams of Cocaine; that similarly placed co-accused were already granted bail 2/6
by this Court vide a common order passed in Crl. O.P. Nos.4635, 4815, 4998, 5228 and 5399 of 2025 & Crl.O.P. No.6325 of 2025 and prayed that the petitioner may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and filed counter affidavit and confirmed the aforesaid facts and also submitted that the co-accused were released on bail and the petitioner has no bad antecedents.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the aforesaid facts, nature of allegations, period of incarceration and the fact that the petitioner has no bad antecedents and the coaccused were released on bail vide common orders passed in Crl. O.P. Nos. 4635, 4815, 4998, 5228 and 5399 of 2025 dated 27.02.2025 & Crl.O.P. No.6325 of 2025 dated 06.03.2025, and the petitioner has been implicated, only based on the confession of the co-accused; this Court is of the view that further custody of the 3/6
petitioner is not required for the purpose of investigation. Hence 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 XVII Metropolitan Magistrate Court at Saidapet, 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; [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 4/6
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.
07.03.2025 rkp To
1. The XVII Metropolitan Magistrate Court at Saidapet, Chennai.
2. The Inspector of Police, F-5 Choolaimedu Police Station, Chennai. .
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras. 5/6
SUNDER MOHAN., J.
rkp Crl.O.P.No.6481 of 2025 07.03.2025 6/6