Deepesh v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7503 of 2025 Deepesh .. Petitioner Vs.
The State rep by The Inspector of Police, M3, Puzhal Police Station, Chennai.
(Crime No.954 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.954 of 2024, pending investigation on the file of the respondent Police. For Petitioner : M/s.M.Prakash 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 20.11.2024, seeking bail in Crime No.954 of 2024 registered for the offence under Sections 8(c) r/w Page No.1 of 6
22(b), 25 and 29(1) @ 8(c) r/w 22(c), 25 and 29(1) of NDPS Act. 2.
The case of the prosecution is that on secret information, the respondent seized 82.56 grams of Methamphetamine and 12 nos. of Nitravet tablets from all the co-accused and that on confession of co-accused, the petitioner was arrested.
3.
The Learned counsel appearing for the petitioner submitted that the allegations against the petitioner is false; that no recovery of contraband was made from the petitioner and he is sought to the implicated as an accused based on the confession of the co-accused; that quantity of contraband seized by the respondent from the co-accused is intermediate quantity; that there was no joint possession; that the co-accused in this case were granted bail by order of this Court in Crl.O.P.No.2847 of 2025 dated 18.02.2025 and Crl.O.P.Nos.2618 & 2251 of 2025 dated 19.02.2025 and that in any case, further custody of the petitioner is not required for the purpose of investigation and hence prayed for grant of bail. Page No.2 of 6
4.
Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner is sought to be implicated as an accused based on the confession statement of coaccused and the petitioner has no bad antecedents. 5.
Considering the nature of allegations, period of incarceration, the fact that no recovery was made from the petitioner and contraband was seized from co-accused and based on their confession, the petitioner is sought to be implicated as accused, the quantity of contraband seized from the co-accused individually is intermediate quantity, the co-accused have been granted bail by this Court and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners 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 under EC & NDPS Act, 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; [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.
14.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, M3, Puzhal Police Station, Chennai.
2.The learned Special Court under EC & NDPS Act, Chennai 3.The Superintendent of Prison, Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN , J.
dpa Crl.O.P.No.7503 of 2025 14.03.2025 Page No.6 of 6