Mantri Behara v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Mantri Behara

...Petitioners/Accused

Vs.

The State Rep. By The Inspector of Police, T8, Guduvanchery Police Station.

(Crime No.56 of 2025) ....Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner/Accused on bail in Crime No.56 of 2025 pending investigation before the Inspector of Police, T8 Guduvanchery Police Station, Chennai.

For Petitioner :

Mr.T.S.Sasi Kumar.

For Respondent :

Ms.J.R.Archana Government Advocate (Crl.Side) Page No.1 of 5

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 24.02.2025 seeking bail in Crime No.56 of 2025 registered for the offence under Sections 8(c), 20(b)(ii)(B) of NDPS Act.

2.The case of the prosecution is that the petitioner was found in possession of 1.300 kgs of ganja. Hence the case. 3.Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that the contraband was seized and that the petitioner is in custody from 24.02.2025 and hence, he may be released on bail. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has one previous case under NDPS Act and that the contraband Page No.2 of 5

has been seized from the petitioner.

5.Considering the period of incarceration; the fact that the previous case has been registered in the year 2021 and he is on bail in that case; that the contraband has been seized 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 two sureties, (one surety must be a blood relative of the petitioner), each for a like sum to the satisfaction of the Principal Special Court for EC & NDPS Act, 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; Page No.3 of 5

[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.

01.04.2025 rkp Copy to:

1.The Inspector of Police, T8, Guduvanchery Police Station.

2.Central Prison-II, Puzhal, Chennai.

3.The Principal Special Court for EC & NDPS Act, Chennai. 4.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

SUNDER MOHAN, J.

rkp 01.04.2025 Page No.5 of 5