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Madras High CourtCRL OP/12560/2026modified

Ajay Gope Mandal v. State Rep.By The Inspector Of Police

2026-05-14Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Ajay Gope Mandal S/o. Shyamgopemandal ..Petitioner(s) Vs The Inspector of Police Sriperumbudur Police Station, Kancheepuram, Crime No.512/2025 ..Respondent(s) This Criminal Original Petition filed under Section 483(1)(b) of BNSS to Modify the condition that the petitioner/A2 was ordered to be released on bail on executing a bond for Rs.10,000/- along with two acceptable and reliable sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur. One among the sureties to be a Government surety, imposed on the petitioners by the Principal Special Court under E.C. and N.D.P.S Act, Chennai by an order dated 21.04.2026 in Crl.M.P. No.2122/2026. For Petitioner(s):

Mr. Hemanth Raj .T For Respondent(s):

Mr. A.Gopinath, Gov, Advocate(Crl.side)

ORDER

This petition has been filed seeking to modify the condition imposed in the order dated 21.04.2026 in Crl.M.P.No.2122 of 2026 passed by the Principal Special Judge, Special Court under EC & NDPS Act Cases, Coimbatore.

2. The learned counsel appearing for the petitioner would contend that the petitioner/accused was arrested and remanded to judicial custody on 07.09.2025 in the above case in Cr. No.512 of 2025 for the alleged offences under Sections 8(c), 20(b)(ii)(B) and 29(1) of N.D.P.S. Act. Earlier, Statutory bail was granted to the petitioner by an order dated 11.11.2025 by the Principal Special Judge, Principal Special Court under E.C. and N.D.P.S. Act, Chennai in Crl.M.P.No.6938 of 2026 with a condition that out of two sureties, one surety should be a blood surety. Subsequently, the petitioner applied for modification and same was modified by the Principal Special Judge in Crl.M.P.No.2122 of 2022 dated 21.04.2026 and the same is as follows:- " In the result, the condition is modified and the petitioner/accused shall execute a bond for Rs.10,000/- along with two acceptable and reliable sureties each for a like sum to the satisfaction of the learned Judge Magistrate, Sriperumbudur. One among the sureties to be a Government Surety. All other conditions remains the same".

3. The learned Government Advocate (Criminal side) appearing for the respondent police would contend that the quantity of material involved in this case is 1.500 kgs of contraband and the petitioner was arrested and remanded to judicial custody on 07.09.2025 for the alleged offences under Sections 8(c), 20(b)(ii)(B) and 29(1) of N.D.P.S. Act. Therefore, this modification petition is liable to be dismissed.

4. Considering the submissions putforth on either side and the reasons stated by the petitioner, and the fact that the condition passed by the trial court that 'one among the sureties to be a Government surety', is an onerous condition, I am inclined to modify the condition imposed by the Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai in Crl.M.P.No.2122 of 2026 dated 21.04.2026 as follows:- " In the result, the condition is modified and the petitioner/accused shall execute a bond for Rs.10,000/- along with two acceptable and reliable sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur. All other conditions remains the same."

5. Accordingly, the condition is modified.

14-05-2026 Index: Yes/No Speaking/Non-speaking order MRP 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.

To

1. The Judicial Magistrate, Sriperumbudur.

2. The Principal Special Judge, Special Court under EC & NDPS Act, Chennai

3. The Inspector of Police Sriperumbudur Police Station, Kancheepuram,

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

MRP 14-05-2026