Zareena Salma v. The 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 Zareena Salma ... Petitioner Vs.

The State Rep. by, The Inspector of Police H-8, Thiruvottiyur Police Station Chennai District (Crime No.372 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.372 of 2025 on the file of the respondent.

For Petitioner : Mr.P.Muthamizhselvakumar 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, who was arrested and remanded to judicial custody on 28.02.2025, seeking bail in Crime No.372 of 2025 registered for the offence under Section 8(c), r/w.22(b), 25 and 29(1) of the NDPS Act.

2.The case of the prosecution is that the petitioner along with other accused was found in possession of 34 grams of Methamphetamine, which is an intermediate quantity.

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3.Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case based on the confession statement of the main accused; that the similarly placed co-accused were granted bail by this Court in Crl.O.P.No.6438 of 2025 on 12.03.2025 and Crl.OP.No.8696 of 2025 on 24.03.2025 and the petitioner is in custody from 28.02.2025 and hence, he may be released on bail. 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 petitioner has no bad antecedents. 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,the fact that the similarly placed co-accused were granted bail by this Court in Crl.O.P.No.6438 of 2025 on 12.03.2025 and Crl.OP.No.8696 of 2025 on 24.03.2025, that the petitioner has no bad antecedents 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. 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, Tiruvottiyur, 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.

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SUNDER MOHAN, J.

sai To 1.The Judicial Magistrate, Tiruvottiyur 2.The Inspector of Police H-8, Thiruvottiyur Police Station Chennai District 3.The Superintendent, Central Women Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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