Anand @ Chillu v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Anand @ Chillu ... Petitioner Vs.

The State represented by, The Inspector of Police, G-7, Chetpet Police Station, Greater Chennai Police.

(Crime No.9 of 2025).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending trial in C.C.No.331 of 2025 on the file of the I Additional District Judge/Presiding Officer, Principal Special Court for EC Act Cases, Chennai. For Petitioner :

Mr.K.Balasubramaniam For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 31.01.2025 in C.C.No.331 of 2025 on the file of the I Additional District Judge/Presiding Officer, Principal Special Court for EC Act Cases, Chennai, in connection with Crime No.9 of 2025 registered for the offences under Sections 1/6

8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the accused was found to be in illegal possession of 1.550 kilograms of ganja. Hence the case.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner, who was arrested on 31.01.2025, is innocent and he has been falsely implicated in this case. He further submitted that the detention order passed against the petitioner was also revoked and he is ready to abide by any stringent conditions 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 reiterated the prosecution case and opposed for granting bail to the petitioner. He further submitted that the investigation in this case has been completed and the charge sheet has also been filed, which was taken on the file of the Principal Special Court for EC Act Cases, Chennai, in C.C.No.331 of 2025. He also submitted that two previous cases are pending against the petitioner.

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

6. Considering the facts and circumstances of the case, the submissions 2/6

made by the learned counsel appearing on either side and taking note of the period of incarceration undergone by the petitioner and that the charge sheet has been filed in this case, 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 I Additional Special Court under EC & NDPS Act, Chennai - 104, 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, except on the court hearing dates, shall report before the respondent Police everyday at 10.30 a.m., for a period of thirty days and thereafter, on every Monday at 10.30 a.m., until further orders; [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; 3/6

[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. 03.07.2025 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 I Additional Special Court under EC & NDPS Act, 4/6

Chennai - 104.

2. The Inspector of Police, G-7, Chetpet Police Station, Greater Chennai Police.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ham 03.07.2025 6/6