Sutheb Doss v. State Rep By. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.05.2025
CORAM:
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15224 of 2025 Sutheb Doss S/o. Niranchan Doss ... Petitioner Vs.
State Rep. by - The Inspector of Police, PEW Triplicane Unit.
Chennai.
(Crime No.33 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.33 of 2025, pending investigation on the file of the respondent Police. For Petitioner :
Mr. R. Prathapraj 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 29.03.2025, seeking bail in 1/6
Crime No.33 of 2025 registered for the offences under Section 8(c) read with 20(b)(ii)(B) of NDPS Act.
2. The case of the prosecution is that the petitioner was found in possession of 8.200 kgs of Ganja.
3. The contention of the learned counsel appearing for the petitioner is that the petitioner has been falsely implicated in this case and he is an innocent. He has nothing to do with the commission of offences. Contraband has been seized. He also 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. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and further submitted that the petitioner has no bad antecedents and contraband in this case has been seized.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side, nature of offences, considering the fact that the contraband was seized, the petitioner has no bad antecedents and the period of incarceration suffered 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 local sureties, each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, Chennai 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 60 days and thereafter, as and when required for further interrogation. 3/6
[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 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.
15.05.2025 mjs Note:- 1. Registry is directed to forthwith upload this order in the official website 4/6
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. M.NIRMAL KUMAR, J.
mjs To
1. The XVI Metropolitan Magistrate, George Town, Chennai.
2. The Inspector of Police, PEW Triplicane Unit.
Chennai.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.15224 of 2025 5/6
15.05.2025 6/6