Rajasekaran v. State Rep By The Inspector Of Police
SUNDER MOHAN.
J., This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.
2. The learned counsel appearing for the petitioner submitted that on 28.03.2025, this Court had granted bail to the petitioner herein in Crl.O.P.No.9273 of 2025.
However, in the order, the name of the petitioner is wrongly mentioned as Rajaseakran instead of Rajasekaran. Thus, he prayed for suitable directions.
3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue an order copy afresh forthwith by correcting the name of the petitioner as Rajasekaran.
02.04.2025 Issue order copy by 02.04.2025.
Upload order copy forthwith dk
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Rajaseakran ... Petitioner/Accused 3 Vs.
The State represented byThe Inspector of Police, R-5 Virugambakkam Police Station, Chennai District.
(Crime No.696 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.696 of 2024 pending investigation on the file of the respondent Police. For Petitioner : Mr.U.Kathiravan For Respondent : Ms.J.R.Archana Government Advocate (Crl.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 11.03.2025, seeking bail in Crime No.696 of 2024 registered for the offence under Sections 8(c) r/w 22(b) and 29(1) of NDPS Act, 1985.
2. The case of the prosecution is that first accused was found in illegal possession of 3.5 grams of Methamphetamine for sale; that the confession statement of the first accused revealed that the petitioner also involved in the said offence. Hence the case.
3.Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that no recovery of contraband was made from the petitioner and he is sought to be implicated as an accused based on the confession of the co-accused; that the similarly placed co-accused was granted bail by this Court in Crl.O.P. No.30779 of 2024 dated 10.12.2024 and that the petitioner is in custody from 11.03.2025 and hence prayed for grant of bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is sought to be implicated as an accused based on the confession statement of co-accused; that the contraband has been seized and the petitioner has one previous case.
5. Considering the nature of allegations, period of incarceration, the fact that no recovery was made from this petitioner and contraband was seized from co-accused and based on their confession, the petitioner is sought to be implicated as an accused; that the similarly placed co-accused was granted bail by this Court in Crl.O.P. No.30779 of 2024 dated 10.12.2024 and the petitioner is on bail in the previous case 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.
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 Principal Special Court for EC/NDPS Act cases at Chennai.
[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 6.30 p.m for a period of one week and thereafter, on every Saturday 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.
28.03.2025 rkp
To 1.The Principal Special Court for EC/NDPS Act cases at Chennai. 2.he Inspector of Police, R-5 Virugambakkam Police Station, Chennai District.
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
SUNDER MOHAN., J.
rkp 28.03.2025