Abubakkar Siddik v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. Abubakkar Siddik

2. Majed S/o. Abed Ali ... Petitioners / Accused 1 & 2 Vs.

The State represented byThe Inspector of Police, D-6 Karumbukkadai Police Station.

Coimbatore District.

(Crime No.63 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.63 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. W. Camyles Gandhi For Respondent : Ms. J.R. Archana 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 18.04.2025, seeking bail in Crime 1/5

No.63 of 2025 registered for the offence under Sections 8(c), 20(b)(ii)(A) of NDPS Act, Section 24(1) of COTPA and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

2. The case of the prosecution is that based on secret information, the A1 was found in possession of 50 grams of Ganja and Pan Masala 400 grams; that A2 was found in possession of 200 grams of Ganja and 8 kgs of banned Tobacco products; and that contraband has been seized. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the allegations against the petitioners are false; that contraband has been seized; and that in any case, further custody of the petitioners is not required and prayed that the petitioners may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that the contraband has been seized; and that the petitioners have no bad antecedents.

5. Considering the aforesaid facts, nature of allegations, period of 2/5

incarceration and the fact that the petitioners have no bad antecedents, this Court is of the view that further custody of the petitioners is not required for the purpose of investigation. Hence 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 separate bond each 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.VII, Coimbatore. [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, daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or 3/5

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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

30.04.2025 mjs To

1. The Judicial Magistrate No.VII, Coimbatore. 2.The Inspector of Police, D-6 Karumbukkadai Police Station, Coimbatore District.

3. The Superintendent of Police, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs 30.04.2025 5/5