Subash v. The State Rep By Its, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12158 of 2025 Subash .. Petitioner Vs.
The State rep by The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai-600087 (Crime No.34 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.34 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.M.Senthil Kumar For Respondent : Ms.J.R.Archana Government Advocate(Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 23.01.2025, seeking bail Page No.1 of 6
in Crime No.34 of 2025 registered for the offence under Sections 8(c), 22(b), 25, 29(1) of NDPS Act, 1985 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act.
2.
The case of the prosecution that the petitioner was found in illegal possession of 2 Grams of Methamphetamine and 10 grams of Ganja. 3.
The learned counsel for the petitioner would submit that the allegations are false; that the petitioner is in custody from 23.01.2025 and 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 submitted that there is one previous case pending against petitioner under the NDPS Act for possession of intermediate quantity and he is on bail in that case. 5.
Considering the nature of allegations, period of incarceration, Page No.2 of 6
the petitioner is on bail in the other 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 learned Judicial Magistrate Court No.I, Poonamallee, 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 Page No.3 of 6
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 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai-600087.
2.The learned Judicial Magistrate Court No.I, Poonamallee.
3.The Superintendent of Prison, Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN , J.
dpa Crl.O.P.No.12158 of 2025 23.04.2025 Page No.6 of 6