Akash Ebinesar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Akash Ebinesar ... Petitioner(s) /Accused Vs.

State rep. by The Inspector of Police, K6 TP Chatiram Police Station. ... Respondent(s)/ Complainant Crime No.70 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No.70 of 2025 pending on the file of the respondent police.

For petitioner(s) : Mr.R.Subramanian For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side)

O R D E R

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This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 03.03.2025, seeking bail in Crime No.70 of 2025 registered for the offences under Sections 8(c) r/w Section 20(b)(ii)(B) of NDPS Act.

2. It is the case of the prosecution that the petitioner was found in possession of 1.230 Kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and the petitioner is in custody from 03.03.2025, and that in any case, further custody of the petitioner is not required and prayed for the grant of 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 there are five previous cases against the petitioner and he is on bail in those cases. Page No.2 of 8

5. Considering the nature of allegations, period of incarceration, 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 learned V Metropolitan Magistrate Court, Egmore, Chennai 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 Page No.3 of 8

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. 23.04.2025 Page No.4 of 8

Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 8

To

1. The Inspector of Police, K6 TP Chatiram Police Station.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned V Metropolitan Magistrate Court, Egmore, Chennai

4. The Superintendent of Prison, Central Prison, Puzhal.

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SUNDER MOHAN, J.

skr Page No.7 of 8

23.04.2025 Page No.8 of 8