Prakash v. State Represented By, Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Prakash ... Petitioner(s) /Accused Vs.
State represented by the Inspector of Police, Station House Officer, Kalapet Police Station, Puducherry District.
... Respondent(s)/ Complainant Crime No.52 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.52 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.G.Saravanabhavan For Respondent(s) : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 22.04.2025, seeking bail in Crime No.52 of 2025 registered for the offences under Sections Page No.1 of 7
20(b)(ii)A r/w 8(c) of NDPS Act r/w Section 77 of JJ Act, 2015.
2. The case of the prosecution is that the petitioner was found in illegal possession of 300 grams of Ganja. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submit the petitioner is in 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. Learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the grant of bail, reiterated the prosecution case and submitted that the contraband has been seized.
5. Heard learned counsel on either side and perused the materials available on record.
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6. Considering the nature of allegations, period of incarceration, the fact that the contraband has been seized and since further custody of the petitioner is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, considering the voluntary submission, 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 on such deposit, the petitioner is ordered to be released on bail on her 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 Judicial Magistrate-V, Puducherry, 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 Page No.3 of 7
Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the 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 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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22.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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
1. Judicial Magistrate-V, Puducherry,
2. The Superintendent of Prison, Central Prison, Pondicherry.
3. Inspector of Police, Station House Officer, Kalapet Police Station, Puducherry District.
4. The Public Prosecutor, Madras High Court, Chennai.
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N.SENTHILKUMAR, J.
skr/dpa Page No.6 of 7
22.05.2025 Page No.7 of 7