Dinesh Kumar @ Manda Dinesh v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Dinesh Kumar ... Petitioner/A3 Vs.

State Rep. by Inspector of Police PEW Police Station Chengalpattu District ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in the event of his arrest in FIR No.45 of 2025 dated 06.02.2025 on the file of the respondent. For Petitioner : Mr.M.Satheesh Babu For Respondent : Ms.J.R.Archana Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner/A3, who was arrested and remanded to judicial custody on 07.02.2025, seeking bail in FIR No.45 of 2025 registered for the offence under Section 8(c) r/w.20(b)(ii)(B), 25, 29(1) of the NDPS Act.

2.The case of the prosecution is that the petitioner along with other accused found to be in possession of 3 kgs of ganja. 3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, 1/4

based on the confession statement of the main accused, that the petitioner is in custody from 07.02.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case. He also submitted that there is no recovery from the petitioner and the petitioner has two previous cases, for the IPC offences. 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 nature of allegations, period of incarceration, that the petitioner was impleaded only on the confession of the co-accused, that no recovery has been been made from the petitioner, the fact that the previous cases have been registered for the offences under IPC and the petitioner was released on bail in all those cases, and since further custody is not required for the purpose of interrogation, 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 2/4

two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Chengalpattu, 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 of B.N.S.

25.03.2025 sai 3/4

SUNDER MOHAN, J.

sai To 1.The Judicial Magistrate No.II, Chengalpattu 2.The Inspector of Police PEW Police Station Chengalpattu District 3.The Superintendent, District Jail, Chengalpattu.

4.The Public Prosecutor, High Court of Madras.

25.03.2025 4/4