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Madras High CourtCRL OP/10776/2025granted

Manikandan @ Jemini v. State Rep By, Inspector Of Police,

2025-04-09Honourable Mr.Justice Sunder Mohan7 pages

Crl.O.P.No.10776 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 petitioner submitted that in the first page of the affidavit, the crime number has been wrongly typed as 62/2025 instead of 54/2025, whereas it has been mentioned correctly in the prayer portion. In the order dated 09.04.2025 in Crl.O.P.No.10776 of 2025, the Crime number has been wrongly mentioned as 62/2025 instead of 54/2025. Hence, he prayed this Court to change the Crime Number as 54/2025 in the order dated 09.04.2025 in Crl.O.P.No.10776 of 2025.

3. Considering the submissions made by the learned counsel for the petitioner, the Registry is directed to correct the Crime number as 54/2025 in all the places wherever crime number is mentioned in the order dated 09.04.2025 in Crl.O.P.No.10776 of 2025 and issue fresh order copy with the aforesaid corrections. 16.04.2025 Issue order copy by 16.04.2025.

Upload order copy forthwith

SUNDER MOHAN, J.

bga Crl.O.P.No.10776 of 2025 16.04.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10776 of 2025 Manikandan @ Jemini ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, B7 Ponnerikarai Police Station.

Chennai.

(Crime No.62 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.62 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. P. Muthamizh Selvakumar 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 02.03.2025, seeking bail in Crime No.62 of 2025 registered for the offence under Sections 8(c) and 20(b)(ii) of NDPS Act.

2. The case of the prosecution is that based on secret information, the petitioner was found in possession of 1.200 kgs of Ganja and thus, committed the aforesaid offences.

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, confirmed the above said facts and submitted that the petitioner has seventeen other previous cases, in which, one case registered in the year 2023 for the possession of intermediate quantity of contraband respectively and the remaining cases were registered for the offences under IPC; that he is on bail in those cases; that the contraband involved in this case is intermediate quantity and the same has been seized.

5. Considering the aforesaid facts, nature of allegations, period of

incarceration, the fact that the petitioner is on bail in other previous cases, the quantity of contraband seized in this case is intermediate quantity, 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 Judicial Magistrate No.II, Kancheepuram.

[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.

09.04.2025 mjs To

1. The Judicial Magistrate No.II, Kancheepuram 2.The Inspector of Police, B7 Ponnerikarai Police Station, Chennai.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

SUNDER MOHAN., J.

mjs Crl. O.P. No.10776 of 2025 09.04.2025