Japheth Titus Kumar v. The Inspector Of Police
Crl.O.P.No.10371 of 2025 SUNDER MOHAN, J.
This matter is posted today under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.
2. The learned counsel appearing for the petitioners submitted that on 07.04.2025, this Court had granted bail to petitioner herein in Crl.O.P.No.10371 of 2025. However, in the order, one of the sections of the offences registered against the petitioner under NDPS Act, namely 29(i), was omitted to be mentioned. Thus, he prayed for suitable corrections in the order dated 07.04.2025. He further submitted that, in the affidavit, the name of the prison, where the petitioner is now confined, was wrongly mentioned as District Jail, Chengalpattu, instead of 'Central Prison, Puzhal' and prayed this Court to change the name of the prison as 'Central Prison, Puzhal', in the order dated 07.04.2025.
3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue order copy afresh forthwith by making the following corrections in the order dated 07.04.2025.
a. Paragraph No.1 of the order dated 07.04.2025 should be corrected as follows:
"This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 07.03.2025, seeking bail in Crime No.116 of 2025 registered for the offence under Sections 8(c) read with 20(b)(ii)(B), 22(b), 25 and 29(i) of NDPS Act".
SUNDER MOHAN, J.
bga b. In the 'To address' portion, the name of the prison should be changed as 'Central Prison, Puzhal' instead of 'District Jail, Chengalpattu'. 08.04.2025 Issue order copy by 08.04.2025.
Upload order copy forthwith bga Crl.O.P.No.10371 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10371 of 2025 Japheth Tirus Kumar S/o. Tirus ...
Petitioner/Accused-3 Vs.
The State represented byThe Inspector of Police, D-2 Anna Salai Police Station.
Chennai.
(Crime No.116 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.116 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. B. Thiyagarajan 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 07.03.2025, seeking bail in Crime No.116 of 2025 registered for the offence under Sections 8(c) read with
20(b)(ii)(B), 22(b) and 25 of NDPS Act.
2. The case of the prosecution is that based on the secret information, the respondent police seized 1.69 kgs of Ganja and 5 packets of Methamphetamine each 3 gram from A1, 8g of MDMA Tablet from A2, 6g OG Ganja packets - 5 nos from A3, a sum of Rs.16,000/- from A4 and compact electronic machine from A5 and that the contraband has been seized.
3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that contraband has been seized; and that in any case, further custody of the petitioner is not required 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 on instructions, submitted that the total contraband, involved in this case is intermediate quantity and the same has been seized; and that the petitioner has no bad antecedents.
5. Considering the aforesaid facts, nature of allegations, period of incarceration, the fact that the petitioner has no bad antecedents, total contraband involved in this case is an intermediate quantity and the same has
been seized, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence 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 II Metropolitan Magistrate, Egmore, 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, daily 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.
07.04.2025 mjs To
1. The II Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, D-2 Anna Salai Police Station. Chennai.
3. The District Jail, Chengalpattu.
4. The Public Prosecutor, High Court of Madras.
SUNDER MOHAN., J.
mjs Crl. O.P. No.10371 of 2025 07.04.2025