← Library
Madras High CourtCRL OP/17530/2025granted

Asha v. State Rep. By

2025-06-19Honourable Mr Justice M. Nirmal Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. Asha

2. Captain Petitioners Vs State rep. By Inspector of Police, P-2, Otteri Police Station, Chennai. Crime No.505 of Respondent PRAYER This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail pending investigation in Crime No.505 of 2025 on the file of the respondent.

For Petitioners:

Mr.S.Mohan Raj For Respondent:

Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioners/A1 & A2, who were arrested and remanded to judicial custody on 20.05.2024, seeking bail in Crime No.505 of 2025 registered for the offence under Sections 8(c) r/w 20(b)(ii)(B), 25 of NDPS Act & 4(1)(a) r/w 4(1-A) of TNP Act. 2.The case of the prosecution is that the petitioners along with other accused were found to be in illegal possession of 1 kg 250 grams of ganja. Hence, the case.

3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He also submitted that the petitioners are in custody from 20.05.2024 and the respondent has falsely foisted case against them and they are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, submitted that the petitioners along with other accused were found to be in illegal possession of 1 kg 250 grams of ganja. He further submitted that there are totally 5 accused in this case and the petitioners are A1 and A2. He further submitted that the petitioners A1 is having nineteen previous cases and A2 is having two previous cases, pending against them.

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the nature of allegations; period of incarceration and the quantity involved is an intermediate quantity and since further custody is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on his executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore, Chennai, 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 Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 of B.N.S.

19-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.State rep. By Inspector of Police, P-2, Otteri Police Station, Chennai. Crime No.505 of 2.The X Metropolitan Magistrate, Egmore, Chennai.

3.The Superintendent Puzhal Central Prison, Chennai.

4.The Public Prosecutor, High Court of Madras, Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17530 of 19-06-2025