Faijur Rahman v. State Rep. By 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.7510 of 2025 Faijur Rahman .. Petitioner Vs.
The State rep by The Inspector of Police, G-7, Chetpet Police Station, Chennai.
(Crime No.17 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.17 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.V.Jegadeesan 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 08.02.2025, seeking bail in Crime No.17 of 2025 registered for the offence under Sections 8(c) r/w 20(b) (ii) (A), 22(b), 25 and 29(1) of NDPS Act. Page No.1 of 5
2.
It is the case of the prosecution that the petitioner along with the other accused was found in illegal possession of 07.37 Grams of Methamphetamine and 90 grams of Ganja.
3.
The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that the contraband has been seized.
4.
Per contra, the learned Government Advocate (Crl. Side) reiterated the case of the prosecution and submitted that the contraband has been seized and that there is one previous against the petitioner. 5.
Considering the period incarceration and the fact that the contraband seized is intermediate quantity and the petitioner is on bail in other case and since further custody of the petitioner is not required for the purposes of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions.
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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 learned Metropolitan Magistrate No.II, Egmore, 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];
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[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 To 1.The Inspector of Police, G-7, Chetpet Police Station, Chennai.
2.The learned Metropolitan Magistrate No.II, Egmore.
3.The Superintendent of Prison, Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN , J.
dpa Crl.O.P.No.7510 of 2025 14.03.2025 Page No.5 of 5