H.Barath v. State Rep.By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR H.Barath ... Petitioner/A3 Vs.
The State represented by, The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.
(Crime No. 231 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.231 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.L.Poovendra Perumal For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 22.04.2025, for the alleged offences punishable under Sections 8(c), 25, 1/6
29(1) r/w 22(b) of NDPS Act, 1985, in Crime No.231 of 2025, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner, along with the other accused, was found in illegal possession of 11.51 grams of Methamphetamine and 5 Ectasy Tablets. Hence, the case. 3.Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the contraband was seized and that the petitioner is 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.15,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail.
4.Learned Government Advocate for the respondent reiterated the prosecution case and submitted that the contraband was seized and that the petitioner has no bad antecedents.
5.Heard the learned counsel on either side and perused the materials available on records.
2/6
6.Considering the nature of allegations, the period of incarceration, the fact that the contraband was seized and the petitioner has no bad antecedents and since further custody of the petitioner is not required for the purpose of investigation, 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 Principal Special Court under EC & NDPS Act, Chennai, 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; [b] the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen 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 jurisdictional Judicial 3/6
Magistrate daily at 10.30 a.m from 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.
22.05.2025 ata/ep 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.
To 4/6
1.The Principal Special Court under EC & NDPS Act, Chennai.
2. The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
N.SENTHILKUMAR ,J.
ata/ep 5/6
22.05.2025 6/6