Mukesh Babu v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Mukesh Babu ... Petitioner Vs.

State Rep. by The Inspector of Police, PEW-Gummidipoondi Tiruvallur District.

(Crime No.90 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, pending investigation in Crime No.90 of 2025, on the file of the respondent Police. For Petitioner :

Mr.A.Vinoth Kumar For Respondent :

Mr.V.J.Priyadarsana Government Advocate (Criminal Side)

O R D E R

1/6

The petitioner, who was arrested and remanded to judicial custody on 22.04.2025 for the offences punishable under Sections 8 (C) r/w 20 (b) (ii) (B) and 29 (1) of NDPS Act, 1985 in Crime No.90 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 8kgs 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 would submit that the petitioner has been in judicial custody from 22.04.2025. He further submitted that the petitioner, without prejudice to his 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 petitioner. 4.The Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and further submitted that 2/6

petitioner has one previous case. Hence, he opposed for granting bail to the petitioner.

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

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also taking into account the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner, subject to 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, Thiruvallur District, 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; 3/6

[b] the petitioner is 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 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 learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioner;

[c] the petitioner shall report before the concerned Judicial Magistrate 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 petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

4/6

22.05.2025 ep/ata 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.

5/6

N.SENTHILKUMAR, J.

ep/ata To

1. The District Munsif Cum Judicial Magistrate Gummidipoondi, Thiruvallur District.

2.The Inspector of Police, PEW-Gummidipoondi Tiruvallur District.

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

4.The Public Prosecutor, High Court of Madras. 22.05.2025 6/6