Vishnu@Vellai Vishnu v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Vishnu @ Vellai Vishnu Petitioner Vs The State Rep By, The Inspector of Police F-1, Chintadripet Police Station, Chennai. Crime No.333 of 2025.
Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.333 of 2025 on the file of the Respondent Police. For Petitioner Mr.S.Mohan Raj For Respondent Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.05.2025, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 25, 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in connection with Crime No.333 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 has illegally possessed 3.600 Kgs of ganja for sale. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence, however, he is suffering incarceration from 25.05.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner is having 5 previous cases including 2 cases under NDPS Act and 2 cases under Section 392 IPC. Hence, he opposed for grant of bail to the petitioner.
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 learned XIV Metropolitan Magistrate, Egmore, Chennai-600 008, 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 further 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; [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.
gbi 19-06-2025 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.The State Rep By, The Inspector of Police F-1, Chintadripet Police Station, Chennai. Crime No.333 of 2025.
2.The XIV Metropolitan Magistrate, Egmore, Chennai-600 008.
3.The Superintendent, Puzhal Central Prison, Chennai.
4.The Public Prosecutor, High Court of Madras, Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 17592 of 19-06-2025