Saran v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-05-2025
CORAM
THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI CRL OP NO. 16045 of 2025 Saran Petitioner(s) Vs STATE REP BY, The Inspector of police P5, MKB Nagar Police Station, Chennai.
Crime No.216 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.216 of 2025 on the file of the respondent Police.
For Petitioner(s): Mr.R.Subramanian For Respondent(s): Mr.L.Baskaran Government Advocate (crl.side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 25.04.2025 for the alleged offence punishable under Sections 8(c), 20(b)(ii)(B) of NDPS Act, 1985 and Section 25(1A) of Arms Act, 1959 in Crime No.216 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that, the petitioner/A1 along with 1/5
other accused were found to be in possession of 1100 grams ganja. Hence the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is no way connected to the said allegation and false case has been foisted against the petitioner. He would further submit that the petitioner was arrested and he is judicial custody from 25.04.2025 and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing to grant bail to the petitioner reiterated the case of the prosecution. He further submitted that the 2 previous cases are pending against petitioner and the co accused were granted bail.
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 considering all others factors, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
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7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal Special Judge 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 concerned Magistrate/Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two months and thereafter, as and when required. [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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial 3/5
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. 28.05.2025 mst 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.The Principal Special Judge under EC & NDPS Act, Chennai
2. The Inspector of Police, P5, MKB Nagar Police Station, Chennai.
3.The Superintendent, Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
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K. GOVINDARAJAN THILAKAVADI, J.
mst Crl.O.P.No.16045 of 2025 28.05.2025 5/5