Rithish v. State Represented By

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.15434 of 2025 Rithish S/o. Palanisami ... Petitioner/A1 Vs.

State Rep. by - The Inspector of Police, V6 Kolathur Police Station, Chennai.

(Cr. No.109 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 Cr. No.109 of 2025, pending investigation on the file of the respondent Police. For Petitioner :

Mr. O. Chembulingam For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal 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 10.04.2025, seeking bail in Cr. No.109 of 2025 registered for the offences under Section 8(c) read with 22(b) 1/6

25 and 29(1) of NDPS Act.

2. The case of the prosecution is that the petitioner/A1, along with A2, was found in possession of 6.850 grams of Methamphetamine.

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 contraband, which is small in quantity, has been seized and the petitioner has no bad antecedents.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the submission 2/6

made by the learned counsel appearing on either side, nature of offences, considering the fact that the contraband involved in this case 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 sureties, each for a like sum to the satisfaction of the learned XIII Metropolitan Magistrate, Egmore, 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 30 days and thereafter, as and when required for further interrogation. [c] the petitioner shall make himself available for 3/6

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 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 4/6

in official website of this Court will be watermarked and will also have a QR code. M.NIRMAL KUMAR, J.

mjs To

1. The XIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, V6 Kolathur Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15434 of 2025 5/6

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