Hari Prasanth v. The State Rep By, 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.12277 of 2025 Hari Prasanth .. Petitioner Vs.
The State rep by The Inspector of Police, Mathigiri Police Station, Krishnagiri District.
(Crime No.140 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.140 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.P.M.Jayachandran For Respondent : M/s.J.R.Archana Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who Page No.1 of 5
was arrested and remanded to judicial custody on 06.04.2025, seeking bail in Crime No.140 of 2025 registered for the offence under Sections 8(c), 20(b)(ii)(A) and Section 77 of Juvenile Justice Act. 2.
The case of the prosecution is that the petitioner was found in illegal possession of 100 grams of Ganja. Hence, the case. 3.
The learned counsel for the petitioner would submit that the allegations are false; that the petitioner is in custody from 06.04.2025 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 the contraband seized from the petitioner is small quantity; that the petitioner has no bad antecedents.
5.
Considering the nature of allegations, period of incarceration, Page No.2 of 5
the fact that the contraband seized is small quantity, the petitioner has no bad antecedents 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 No.II, Hosur, 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 5
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 To 1.The Inspector of Police, Mathigiri Police Station, Krishnagiri District.
2.The Judicial Magistrate No.II, Hosur.
3.The Superintendent of Prison, Sub-Jail, Hosur.
4.The Public Prosecutor, High Court, Madras.
Page No.4 of 5
SUNDER MOHAN , J.
dpa Crl.O.P.No.12277 of 2025 23.04.2025 Page No.5 of 5