Srikanth v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Srikanth ... Petitioner Vs.

The State represented by, The Inspector of Police, F5, Choolaimedu Police Station, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.37 of 2025 on the file of the respondent Police. For Petitioner :

Mr.J.Franklin For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.06.2025 for the offences under Sections 8(c) r/w 22(b) and 25 of Narcotic Drugs and Psychotropic Substances Act 1985 @ Sections 8(c) r/w 22(b), 25 and 29(1) of NDPS Act in Crime No.37 of 2025, on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the accused were found to be in illegal possession of 64.93 grams of cocaine, 1.550 kilograms of Ganja, 2 grams of OG ganja and 4 grams of ganja oil. Hence the case.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner, who was arrayed as A24, was arrested only based on the confession statement recorded from the co-accused and further, there is no recovery from the petitioner herein. He further submitted that the co-accused in this case have been granted bail by this Court in Crl.O.P.Nos.4635, 6634, 8037 &16942 of 2025. He also submitted that the petitioner is now confined in Central Prison, Puzhal -I, Chennai from 01.06.2025. Hence he prayed for grant of bail.

4. Learned Additional Public Prosecutor appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioner.

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

6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing 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 2/4

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 learned Principal Special Court for 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., for a period of three weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause 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;

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M.NIRMAL KUMAR, J.

ham [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.

25.06.2025 ham 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 Principal Special Court for EC and NDPS Act, Chennai

2. The Inspector of Police, F5, Choolaimedu Police Station, Chennai.

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

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