Praveen v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Praveen ... Petitioner/A8 Vs.
The State, Rep by the Inspector of Police, D-2, Anna Salai Police Station, Chennai.
(Cr.No.116 of 2025) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nyaya Sanhita, 2023, 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.S.Kartik 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 08.03.2025 seeking bail in Cr.No.116 of 2025 registered for the offence under Sections 8(c), Page No.1 of 7
20(b)(ii)(B), 22(b), 25 and 29(1) of NDPS Act, 1985.
2. The case of the prosecution is that on 07.03.2025, on secret information, the respondent intercepted A1 to A3 and seized 1.69 gms of Ganja and 3 gms of Methamphetamine from A1, 8 gms of Methamphetamine and 14 MDMA Tablets from A2 and 6 gms of OG Ganja from A3; and that the petitioner/A8 was implicated based on the confession of the co-accused.
3. The learned counsel for the petitioner would submit that the petitioner is innocent; that he has been implicated in this case on the confession of the co-accused; that no seizure was made from the petitioner; that the contraband seized from all the co-accused is an intermediate quantity; and that considering the period of incarceration, he prayed for bail to the petitioner.
4. The 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 Page No.2 of 7
petitioner has been implicated in this case on the confession of the coaccused; that no recovery was made from this petitioner/A8; that the contraband seized from all the co-accused is an intermediate quantity; and that the petitioner has no bad antecedents.
5. Considering the nature of allegations; that the petitioner is sought to be implicated based on the confession of the co-accused; that no contraband was seized from the petitioner; that the contraband seized from the co-accused is an intermediate quantity; that the petitioner has no bad antecedents; and that 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 condition to execute 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, and on further conditions that:- Page No.3 of 7
(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned 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 commit any offences of similar nature;
(d) the petitioner shall not abscond either during investigation or trial;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Judicial 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]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
15.04.2025 Page No.4 of 7
Index : Yes/No Speaking Order/Non Speaking Order ars Page No.5 of 7
To
1. The Inspector of Police, D-2, Anna Salai Police Station, Chennai.
2. The Superintendent of Prisons, Central Prison, Puzhal, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
3. The II Metropolitan Magistrate, Egmore, Chennai.
Page No.6 of 7
SUNDER MOHAN, J.
ars 15.04.2025 Page No.7 of 7