Abdul Ajeesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI 1.Adbul Ajeesh 2.Dinesh Petitioners/Accused Vs.
The State represented by, The Inspector of Police, PEW RK Pet Police Station, Tiruvallur.
(Crime No.45 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioners on bail, in Crime No.45 of 2025 on the file of the respondent Police.
For Petitioners : Mr.S.Ramachandran For Respondent : M/s.J.R.Archana Government Advocate (Crl.Side) 1/6
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 17.03.2025, for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) and 29(1) of NDPS Act, 1985, in Crime No.45 of 2025, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners along with the other accused were found in illegal possession of 11.460 kgs of ganja. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and are in judicial custody from 17.03.2025. He would submit that the contraband has been seized. He would further submit that the petitioners, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.15,000/-, each to any welfare scheme of the Government or any other organization. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.
2/6
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband has been seized and that the first petitioner has three previous cases and he is on bail in those cases and the second petitioner has no bad antecedents.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each as non-refundable deposit, to the credit of Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. 3/6
7. Further, considering the nature of allegations, the period of incarceration undergone by the petitioners, the fact that the contraband was seized, the first petitioner is on bail in the previous cases and the second petitioner has no bad antecedents and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners, subject to certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Tiruthani, and on further conditions that :- [a] the petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of three months and thereafter as and when required for investigation;
[b] the petitioners shall not commit any offences of similar nature.
[c] the petitioners shall not abscond either during investigation or trial.
4/6
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Judicial 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 of B.N.S. 08.05.2025 ata/ep 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 official website of this Court will be watermarked and will also have a QR code.
5/6
L.VICTORIA GOWRI , J.
ata/ep TO 1.The Judicial Magistrate, Tiruthani.
2.The Inspector of Police, PEW RK Pet Police Station, Tiruvallur.
3.The Superintendent of Prison, Central Prison - II, Puzhal.
4.The Public Prosecutor, High Court of Madras.
08.05.2025 6/6