Sathish @ Vaththi v. The State Rep By Its, 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.6608 of 2025 1.Sathish @ Vaththi 2.Sabastin @ Saba 3.Karthi 4.Suriyababu 5.Ajay @ Aani 6.Parasuraman ... Petitioners/Accused-1 to 6 Vs.

The State represented byThe Inspector of Police, Padalam Police Station, Chengalpattu District.

(Crime No.76 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.76 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.D.Padmanabhan 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 petitioners, who were arrested and remanded to judicial custody on 18.02.2025, seeking bail in Crime No.76 of 2025 registered for the offence under Sections 8(c) & 20(b)(ii)(B) of NDPS Act.

2. The case of the prosecution is that the petitioners were found in illegal possession of 1 kg 500 grams of ganja. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the allegations against the petitioners are false; that quantity of contraband seized by the respondent from the petitioners is an intermediate quantity; and that in any case, further custody of the petitioners is not required for the purpose of investigation and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and the contraband was seized from the petitioners; and that A1 has one previous case of IPC offence; A2 has seven 2/6

previous cases of IPC offences; A5 has one previous case under NDPS Act and are on bail in the said cases and A3 and A4 have no bad antecedents.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the nature of allegations, period of incarceration, the fact that the contraband seized is only an intermediate quantity, though A1, A2 & A5 have previous cases, they are on bail in those cases and that A3 and A4 have no bad antecedents and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a separate 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 Judicial Magistrate No.II, Maduranthagam, Chengalpattu District. 3/6

[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 petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

07.03.2025 rkp 4/6

To

1. The Judicial Magistrate No.2, Maduranthagam, Chengalpattu District.

2.The Inspector of Police, Padalam Police Station, Chengalpattu District.

3. The Superintendent, District Prison, Chengalpattu.

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

rkp Crl.O.P.No.6608 of 2025 07.03.2025 6/6