Dinesh v. The State Rep By, Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR

1. Dinesh

2. Ranjith ......Petitioner/ A1 & A2 Vs.

The State rep by The Sub-Inspector of Police, Chetpet police station Tiruvannamalai district.

Crime No.155 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioners on bail in Cr.No.155 of 2025 pending investigation on the file of the Respondent Police. For Petitioners : M/s.E.Sathiyaraj For Respondent : M/s.V.J.Priyadarsana Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 05.05.2025, for the alleged offences punishable under Section 123 of BNS Act (Section 328 of IPC) and Section 8(c), 20(b)(ii)(A) of NDPS Act, 1985, in Crime No.155 of 2025, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners/A1 & A2 were found to be in possession of 48 grams of Ganja. Hence, the case

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that the petitioners have been in judicial custody from 05.05.2025. He further submitted that the petitioners, without prejudice to their rights, is ready to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioners.

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4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that there are totally three accused in this case and the petitioners/A1 & A2 were arrested on 05.05.2025 and A3 is absconding. He also submitted that no previous case is pending against the petitioners.

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

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioners, and also taking into account the undertaking given by the petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Judicial Magistrate, Polur, Tiruvannamalai and on further 3/6

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 are directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) as non-refundable deposit either through RTGS/NEFT/cash/demand draft in favour of the The Dean, Stanley Government Medical College and Hospital, Chennai, bearing A/c. No.39219285071, State Bank of India, Old Jail Road, Stanley Hospital, IFSC:SBIN0001476, without prejudice to his defence before the trial Court and the Magistrate/Judge, after perusing the challan/receipt, shall accept the sureties furnished by the petitioners;

[c] the petitioners shall report before the concerned Magistrate/Judge daily at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders; [d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; [f] On breach of any of the aforesaid conditions, the 4/6

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 51340];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

21.05.2025 nr 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 official website of this Court will be watermarked and will also have a QR code.

N.SENTHILKUMAR ,J.

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To 1.The Judicial Magistrate, Polur, Tiruvannamalai

2. The Sub-Inspector of Police, Chetpet police station Tiruvannamalai district.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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