Rejoice v. State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

1. Rejoice

2. Shiba Digal ... Petitioners Vs.

State Rep. by its The Inspector of Police B2, Thiruvallur Taluk Police Station Thiruvallur District (Crime No.145 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to modify the conditions that "..3. ...1. the petitioners/accused are ordered to be released on bail, on executing a bond of Rs.10,000/- (Rupees one thousand only) each with two sureties for a like sum each to the satisfaction of the learned the one among the sureties should be a Government Surety..." imposed by the Special Court for EC/NDPS Act, Salem in Crl.M.P.No.2500 of 2025 dated 29.05.2025.

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For Petitioners : Mr.C.Deepakkumar For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioners to modify the condition imposed by the Principal Special Court under EC & NDPS Act, Chennai in Crl.M.P.No.2500 of 2025 dated 29.05.2025, directing the petitioners to execute a Government Surety.

2. The learned counsel for the petitioners submitted that the petitioners who have been arrayed as A1 and A2 in Crime No.145 of 2025 on the file of the respondent police for the offence under Sections 8(c) read with 20(b)(ii)(B), 29(1) of the NDPS Act, 1985 alleging that the petitioners were found in possession of 3 kgs. of Ganja, were arrested and detained in prison on 25.04.2025. Thereafter, the petitioners moved a bail petition before the Principal Special Court under EC & NDPS Act, Chennai in Crl.M.P.No.2500 2/6

of 2025 and the same was ordered on 29.05.2025 with certain conditions and one among the conditions is that:

"1. The petitioners/accused are directed to be released on bail, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties for a like sum each to the satisfaction of the learned and one among the sureties should be a Government Surety." 2.1 The learned counsel for the petitioner further submitted that since the petitioners are native of Odisha, they are unable to arrange Government Surety and thereby, the petitioners are still languishing in prison despite being granted bail. Hence, he seeks for modification of the said condition.

3. Heard both sides and perused he materials available on record.

4. It is seen that while granting bail to the petitioners, the Special Court has imposed a condition directing the petitioners to produce Government 3/6

Surety. But no Government Servant would stand as a surety to an accused involved in NDPS case. The Hon'ble Supreme Court has time and again has reiterated that onerous conditions not to be imposed while considering bail application.

5. Therefore, the condition imposed by the Principal Special Court under EC & NDPS Act, Chennai in Crl.M.P.No.2500 of 2025 dated 29.05.2025 that "one among the sureties should be a Government Surety." alone, is set aside.

6. The rest of the conditions shall remain un-altered.

7. With the above modifications, this Criminal Original Petition is disposed of.

23.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 Note: Issue order copy on 23.06.2025.

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To

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

2. The Inspector of Police B2, Thiruvallur Taluk Police Station Thiruvallur District

3. The Superintendent of Prison Central Prison, Puzhal

4. The Public Prosecutor High Court of Madras Copy to:

Judicial Magistrate No.1 Thiruvallur 5/6

P.VELMURUGAN,J.

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