Jeyavarma Pandi @ Lotta Pandi v. The State Rep Bythe Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Jeyavarma Pandi @ Lotta Pandi ... Petitioner

Versus

The State Rep By, The Inspector of Police, K-10 Koyambedu Police Station, Chennai District.

(Crime No.221 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.221 of 2025 on the file of the respondent police. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor *****

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.05.2025, for the offence punishable under Sections 8(C), Page No.1 of 6

20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in connection with Crime No.221 of 2025, registered on the file of the respondent, seeks bail.

2. The contention of the learned counsel for the petitioner is that from the petitioner, 1.300 kilograms of Ganja is said to have been seized. Since the petitioner had some criminal case against him, the respondent had foisted the case under NDPS Act. He further submitted that in this case, A2 has been granted bail by the Trial Court in Crl.M.P.No.3035 of 2025 vide order dated 19.06.2025. He also submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

3. Learned Additional Public Prosecutor strongly opposed for grant of bail to the petitioner stating that the petitioner has four previous cases, in which, one case is under NDPS Act. As regards A2, since there is no previous case pending against him, he was granted bail by the Trial Court. However, the petitioner has a history and he has involved in the case of serious in nature.

Page No.2 of 6

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

5. 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.

6. 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 V Metropolitan Magistrate Court, Egmore 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, every Tuesday at 10.30 a.m. except on the days when he is required to appear before the Trial Court, until further orders;

Page No.3 of 6

[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. 24.06.2025 sp Page No.4 of 6

To 1.The V Metropolitan Magistrate Court, Egmore.

2.The Inspector of Police, K-10 Koyambedu Police Station, Chennai District.

3.The Superintendent, Central Prison - Puzhal.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

M.NIRMAL KUMAR, J.

sp 24.06.2025 Page No.6 of 6