Mohammed Hassan Abbas v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-05-2025
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL OP NO. 13843 of 2025 Mohammed Hassan Abbas S/o Mohammed Iqbal Ali, No. 37, Mirza Hyder Ali Khan Street, Royapettah, Chennai 600014.
Petitioner(s) Vs State Rep by The Inspector of Police D-4, Zambazaar Police Station, Chennai (Crime No.37 of 2025) Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.37 of 2025 on the file of Inspector of Police, D-4. Zambazaar Police Station, Chennai.
For Petitioner(s) Mr.T.Mahendrakumaresan For Respondent(s): Mr.J.R.Archana Government Advocate(Crl.side)
O R D E R
The petitioner, apprehends arrest for the alleged offences under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of of Narcotic Drugs and Phychotropic Substances Act, 1985 in Crime No.37 of 2025, on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner was found to be in illegal possession of 1 kg 100 grams of Ganja. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner was in illegal possession of 1 kg 100 grams of Ganja. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non-refundable deposit, to the credit of the 2/7
RAY OF LIGHT FOUNDATION; A/c No:50100078904233; IFSC code: HDFC0001864; Branch: Habibullah Road, T Nagar, Chennai without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Special NDPS Court, City Civil Court Complex, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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;
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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation;
[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 of B.N.S. 08.05.2025 nr 4/7
Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
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To
1. The learned Special NDPS Court, City Civil Court Complex, Chennai
2. The Inspector of Police D-4, Zambazaar Police Station, Chennai
3. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
nr 08.05.2025 7/7