Bijesh Pk @ Vijesh v. State Rep.By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6838 of 2025 Bijesh PK @ Vijesh .. Petitioner Vs.

The State rep by The Station House Officer, NIB-CID Police Station, Villupuram District.

(Crime No.15 of 2024) .. Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Spl.C.C.No.6 of 2025 in Crime No.15 of 2024 pending trial before the learned Special Court for Trial under NDPS Act Cases, Villupuram.

For Petitioner : M/s.C.Ramkumar 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 25.07.2025, seeking bail in Page No.1 of 6

Crime No.15 of 2024 registered for the offence under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985 2.

It is the case of the prosecution that based on a secret information, the respondent and their officials intercepted a vehicle bearing Registration No.AP-37-TD-6258 and found that the first and second accused were in possession of 258 kgs of packets of Ganja; that on confession of the first accused, the petitioner/A5 was arrested. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he is sought to be implicated on the confession of co-accused; that the contraband has been seized from the co-accused and the co-accused has been released on bail; and that in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. Per contra, the learned Government Advocate (Crl. Side) reiterated Page No.2 of 6

the prosecution case and submitted that there are 2 previous cases against the petitioner, which are IPC offenses, and he is on bail in those cases.

5. The petitioner was implicated on the confession of the co-accused. There are no other materials to connect the petitioner with the other accused. No contraband was seized from the petitioner. The petitioner has no previous cases under the NDPS Act. He has two cases for the offences under IPC, and he is on bail in those cases. Therefore, this Court is of the view that the petitioner has satisfied the twin conditions under Section 37 of the NDPS Act. Hence, considering the aforesaid facts, the nature of the allegations, the period of incarceration, the fact that the similarly placed co-accused has been released on 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.

6.

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 Page No.3 of 6

learned Special Court for Trial under NDPS Act cases, Villupuram, 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 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.

17.03.2025 Page No.4 of 6

Index : Yes / No Internet : Yes / No dpa/dk To 1.The Station House Officer, NIB-CID Police Station, Villupuram District.

2.The learned Special Court for Trial under NDPS Act cases, Villupuram 3.The Superintendent of Prison, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN , J.

dpa/dk Page No.5 of 6

Crl.O.P.No.6838 of 2025 17.03.2025 Page No.6 of 6