Mohammed Sugil @ Mohammed Suhail v. State Rep.By,The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Mohammed Sugil @ Mohammed Suhail ... Petitioner/ Accused No.4 Vs.

The Inspector of Police, D-2 Anna Salai Police Station, Triplicane, Chennai District.

(Crime No.118 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.118 of 2025, pending investigation on the file of the respondent.

For Petitioner : Mr.A.Tamilselvan For Respondent : 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 was arrested and remanded to judicial custody on 09.03.2025, seeking bail in 1/6

Crime No.118 of 2025 registered for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(A), 22(b), 25 & 29(1) NDPS Act, 1985. 2.

The case of the prosecution is that, based on a secret information, the respondent police went to the spot and found that the petitioner and other accused were in illegal possession of 23 grams of Methamphetamine, 4 nos. of MDMA Tablets, weighing about 2 grams, 5 grams of OG ganja and 19 grams of ganja for the purpose of sale; that the confession statement of the first accused revealed that the petitioner was 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.9089 of 2025 dated 27.03.2025 & Crl.O.P. No.9433 of 2025 dated 28.03.2025 and that the petitioner is in custody from 09.03.2025 and hence prayed for grant of bail. 2/6

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.9089 of 2025 dated 27.03.2025 & Crl.O.P. No.9433 of 2025 dated 28.03.2025 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 II 3/6

Metropolitan Magistrate Court, Egmore 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

08.04.2025 rkp To

1. The II Metropolitan Magistrate, Egmore.

2. The Inspector of Police, D-2 Anna Salai Police Station, Tripicane, Chennai District.

(Crime No.118 of 2025)

3. The Superintendent, Central Prison Puzhal-II.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

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