Leolin Joshua Theodore v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Leolin Joshua Theodore ... Petitioner/A3 Vs.

State Rep by The Inspector of Police, G-1 Vepery Police Station, Chennai.

(Crime No.279 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.279 of 2025 pending on the file of the respondent police. For Petitioner :

Mr.Mohammed Aasif For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 07.05.2025, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 25 1/6

and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in connection with Crime No.279 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 1.500 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is not a named accused in the F.I.R. Based on the confession of co-accused he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that in this case totally there are 5 accused, the petitioner is ranked as A3. A1 and A2 were found in possession of 1.500 kgs. of Ganja. On enquiry they confessed that A1 to A5 purchased the contraband from Andhra Pradesh and sold it together. He further submitted that no contraband was seized from the petitioner and the petitioner has got no previous cases. 2/6

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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 and NDPS Act, Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall make himself available for interrogation by the respondent as and when required; [d] the petitioner shall not directly or indirectly cause 3/6

any threat to the de-facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.06.2025 rsi 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.

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

2.The Inspector of Police, G-1 Vepery Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 26.06.2025 6/6