Loganathan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Loganathan S/o. Manikandan ... Petitioner / Accused Vs.

The State represented byThe Inspector of Police, C-1 Flower Bazaar Police Station, Chennai District.

(Cr. No.60 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr. No.60 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. D. Padmanabhan For Respondent : Mr.Leonard Arul Joseph Selvam 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 20.03.2025, seeking bail in Cr. No.60 of 2025 registered for the offence under Section 123 of B.N.S. 1/4

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 400 tablets of Tydol 100 mg and sale consideration amount of Rs.3,85,550/-; and that 28 tablets were recovered from the petitioner. Hence the case.

3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 20.03.2025; and that since the contraband has been seized, in any case, further custody of the petitioner is not required and therefore, 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 the petitioner has two previous cases, in which, he is on bail; and that contraband was seized.

5. Considering the nature of allegations, period of incarceration, contraband has been seized, the petitioner is on bail in other previous cases and since further custody 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 2/4

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 VII Metropolitan Magistrate, George Town, Chennai. [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 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.

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mjs SUNDER MOHAN., J.

mjs To

1. The VII Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, C-1 Flower Bazaar Police Station, Chennai District.

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

4. The Public Prosecutor, High Court of Madras.

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