V.Chandru v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8656 of 2025 V.Chandru .. Petitioner Vs.

The State rep by The Inspector of Police, B-1 North Beach Police Station.

(Crime No.59 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.59 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.R.Kamesh For Respondent : Ms.J.R.Archana Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.02.2025, seeking bail in Crime No.59 of 2025 registered for the offence under Sections 8(c), 20(b)(ii)(B) of NDPS Act.

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2.

The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.450 kilograms of Ganja. 3.

Learned counsel appearing for the petitioner submitted that the allegations are false; that the contraband seized is of intermediate quantity; and that in any case, further custody of the petitioner is not required. 4.

Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the contraband seized is of intermediate quantity; that there are ten previous cases against the petitioner, out of which two are NDPS cases and the contraband seized in those cases is of small quantity and he is on bail in those cases. 5.

Considering the nature of allegations, period of incarceration, the contraband seized is of intermediate quantity, the petitioner is on bail in all the other cases, and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the Page No.2 of 6

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 VII Metropolitan Magistrate, George Town, 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 Page No.3 of 6

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.

24.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6

To 1.The Inspector of Police, B-1 North Beach Police Station.

2.The VII Metropolitan Magistrate, George Town, Chennai.

3.The Superintendent of Prison, Central Prison-II, Puzhal 4.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN , J.

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