Raj Kumar v. State Rep.By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI
1. Raj Kumar 2.Nitis Kumar
3. Suraj Kumar ... Petitioners Vs.
State Rep. by, The Inspector of Police, Thirumurugan Poondi Police Station, Tiruppur.
(Crime No.151 of 2025).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in Crime No.151 of 2025 on the file of the respondent Police. For Petitioners :
Mr.J.Franklin For Respondent :
Ms.J.R.Archana Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.151 of 2025 registered for the alleged offences punishable under Sections 8(c) r/w 22(b)(ii)(B) of NDPS Act 1/6
1985, is on board for consideration.
2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 4.700 kilograms of ganja. Hence the case.
3.Learned counsel appearing for the petitioners submitted that the petitioners are innocence and they have been falsely implicated in this case. He also submitted that the petitioners are no way connected with the alleged offence, however, without prejudice to the defence and contention, are ready and willing to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization. He further submitted that the petitioners are suffering incarceration from 20.03.2025 and they are ready to abide by any stringent condition that may be imposed by this Court.
4.Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioners was arrested on 20.03.2025; that the contraband has been seized.
2/6
5. Heard both sides and perused the materials available on record.
6. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit, to the credit of Manolaya, Home for Mentally Ill Destitute, Bank Name: Indian Overseas Bank, Branch: Kottaram, IFSC Code: IOBA0000253, Account Name: Manolaya, Account No.025302000000284, UPI ID: 6379484925@okbizicici, Gpay:9443307196, 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. Accordingly, the petitioners are ordered to be released on bail on their executing 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 learned Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore 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 3/6
identity;
[b] the petitioners 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 petitioners shall not abscond either during investigation or trial;
[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 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.
09.05.2025 drl/rna 4/6
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.
To
1. The Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.
2.The Inspector of Police, Thirumurugan Poondi Police Station, Tiruppur.
3.The Superintendent, District Jail, Tiruppur.
4. The Public Prosecutor, High Court of Madras.
5/6
L.VICTORIA GOWRI, J.
drl/rna 09.05.2025 6/6