Jashmi Miah v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. Jashmi Miah

2. Salim Akthar ... Petitioner(s) /Accused Vs.

State, represented by The Inspector of Police, NIB - CID Chennai.

... Respondent(s)/ Complainant Crime No.15 of 2025.

Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No.15 of 2025, on the file of the Inspector of Police, NIB - CID Chennai.

For petitioner(s) : Mr.P.Ranukumar For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side) Page No.1 of 7

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.15 of 2025, registered for the offences under Sections 8(c) r/w Sections 20(b)(ii)(B) and 29(1) of NDPS Act, 1958.

2. The case of the prosecution is that the petitioners were found in illegal possession of 14 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and the petitioners are in custody from 07.03.2025, and that in any case, further custody of the petitioners is not required and prayed for the grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioners, Page No.2 of 7

reiterated the prosecution case and on instructions submitted that the petitioners have no bad antecedents.

5. Considering the nature of allegations, period of incarceration, and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, one being a blood relative surety and the other a local surety, each for a like sum to the satisfaction of the learned Metropolitan Magistrate Court, George Town, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; Page No.3 of 7

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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.

21.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.4 of 7

To

1. The Inspector of Police, NIB - CID Chennai.

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

3. Metropolitan Magistrate Court, George Town, Chennai.

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

Page No.5 of 7

SUNDER MOHAN, J.

skr Page No.6 of 7

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