Devaraj v. State Rep. By, The 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.Devaraj 2.Jayakumar @ Bravo ... Petitioner Vs.
State Rep. by, The Inspector of Police, E-3, Minjur Police Station.
(Crime No.206 of 2025).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in Crime No.206 of 2025, pending investigation on the file of the respondent Police. For Petitioner :
Mr.S.Hemanth For Respondent :
Ms.J.R.Archana Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.206 of 2025 registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is on board 1/6
for consideration.
2. The case of the prosecution is that the petitioners along with other accused persons were found to be in illegal possession of 2.1 kgs 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.15,000/- to any welfare scheme of the Government or any other organization. He further submitted that the petitioners are suffering incarceration from 18.03.2025 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 18.03.2025; that the contraband has been seized.
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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.15,000/- (Rupees Fifteen 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 NDPS Principal Court, Chennai 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 petitioners shall report before the respondent 3/6
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 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.
09.05.2025 drl/rna 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 NDPS Principal Court, Chennai.
2.The Inspector of Police, E-3, Minjur Police Station.
3.The Superintendent, Central Prison-II, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
L.VICTORIA GOWRI, J.
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