Jeya Alias Jeyaraj v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Jeya @ Jeyaraj ... Petitioner(s) /Accused 6 Vs.
State represented by The Inspector of Police, Singanallur Police Station, Coimbatore District.
... Respondent(s)/ Complainant Crime No.609 of 2024 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail concerned in Crime No.609 of 2024, pending on the file of the respondent.
For petitioner(s) : Mr.R.Parthiban For Respondent(s) : M/s.J.R.Archana, Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who Page No.1 of 7
was arrested and remanded to judicial custody on 24.12.2024, seeking bail in Crime No.609 of 2024, registered for the offences under Section 8(c) r/w Sections 20(b)(ii)(C), 25 and 29(1) of NDPS Act.
2. The case of the prosecution is that on secret information, the vehicle bearing No.TN 66 AP 8798 XUV 300 was intercepted and in which, A1 and A2 were sitting and further when the respondent questioned them, they produced two white sacks containing 22 kilograms of Ganja which was concealed in the car and the petitioner, who was arrayed as A6, was standing near the car along with A3, A4 and A5. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the allegations are false and that in any case, considering the averments in the FIR, the contraband was seized only from A1 and A2 and no recovery was made from the petitioner and since the petitioner was not found in the car, it would not be construed as joint possession, the rigor of Section 37 would not be applicable to the petitioner; that similarly placed co-accused were already granted bail by this Court vide order passed in Crl.O.P. No.3433 of Page No.2 of 7
2025 dated 27.02.2025 and prayed that the petitioner may be released on bail.
4.Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and confirmed that A1 and A2 were sitting in the car and the seizure was made from A1 and A2 and the petitioner along with the other accused were standing besides the car and also submitted that the co-accused were released on bail and 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. Though the contraband seized from A1 and A2 is commercial quantity, the petitioner was not found travelling in the car and is sought to be implicated on the confession of co-accused. Hence, this Court is of the view that the petitioner has satisfied the twin conditions under Section 37 of Page No.3 of 7
the NDPS Act. The petitioner has no bad antecedents. Similarly placed co-accused was released on bail vide order passed in Crl.O.P. No.3433 of 2025 dated 27.02.2025. Considering the period of incarceration and the aforesaid facts 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 two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court-III, Coimbatore, 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.4 of 7
[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. Page No.5 of 7
07.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.6 of 7
SUNDER MOHAN, J.
skr To
1. The Inspector of Police, Singanallur Police Station, Coimbatore District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Learned Judicial Magistrate Court-III, Coimbatore.
4. The Superintendent of Prison, Central Prison, Coimbatore. 07.04.2025 Page No.7 of 7