Nabakishore Thatoi v. State By Inspector Of Police
M.NIRMAL KUMAR, J.
This matter came up for hearing today under the caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner. 2.In first paragraph of the order, dated 16.05.2025 in Crl.O.P.No.14925 of 2025, it has been wrongly mentioned as follows: "This Criminal Original Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 26.04.2025, seeking bail in Crime No.130 of 2025 registered for the offences under Sections 8(c) r/w 20(b)(ii)(B), & 29(1) of NDPS Act read with 77 of Juvenile Justice Act"
3.Accordingly, the first paragraph of the order dated 16.05.2025 shall be read as follows:
"This Criminal Original Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 26.04.2025, seeking bail in Crime No.130 of 2025 registered for the offences under Sections 8(c), 20(b)(ii)(A) of NDPS Act read with 77 of Juvenile Justice Act (Care and Protection of Children Act, 2015)."
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M.NIRMAL KUMAR, J.
rsi 4.Registry is directed to issue the fresh order copy after incorporating the necessary corrections.
20.05.2025 rsi Page No.2 of 8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.05.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Nabakishore Thatoi ... Petitioner Vs.
State rep. by The Inspector of Police SIPCOT Police Station, Thiruvallur District (Crime No.130 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.130 of 2025 on the file of Inspector of Police, SIPCOT Police Station, Thiruvallur District For Petitioner :
Mr.S.Sasikumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 26.04.2025, seeking bail in Crime No.130 of 2025 registered for the offences under Sections 8(c) r/w 20(b)(ii)(B), & 29(1) of NDPS Act read with 77 of Page No.3 of 8
Juvenile Justice Act.
2.The case of the prosecution is that the petitioner / accused was found to be in possession of 200 grams of Ganja. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 26.04.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The 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 contraband was seized from the petitioner, which he had allegedly intended to sell to school going students.
5. Heard both sides and perused the materials available on record. Page No.4 of 8
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his 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 District Munsif cum Judicial Magistrate, Gummidipoondi, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [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 make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required Page No.5 of 8
for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
16.05.2025 rpl 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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1.The District Munsif cum Judicial Magistrate, Gummidipoondi 2.The Superintendent, Central Prison, Puzhal, Chennai.
3.The Inspector of Police SIPCOT Police Station, Thiruvallur District 4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR, J.
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rpl 16.05.2025 Page No.8 of 8