Suriya v. The State Rep By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28041 of 2025 Suriya ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, K-2, Ayyanavaram Police Station, Chennai - 600 028.

(Crime No.311 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.311 of 2024 on the file of the respondent police. For Petitioner(s) :

Mr. N. Rajarajan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.11.2024 for the offences punishable under Sections 8(c) r/w 22(c) and 29(1) of NDPS Act, 1985 and later altered as Sections 8(c) r/w 22(c), 29(1) and 20(b)(ii)(A) of NDPS Act, 1985 in Crime No.311 of 2024 registered on the file of the respondent police, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dated 23.06.2025 in Crl.O.P.No.11057 of 2025.

2.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent. 3.

This Court, vide order dated 23.06.2025 in Crl.O.P.No.11057 of 2025 had dismissed the earlier bail application of the petitioner on merits and by considering the fact that the seized contraband is of commercial quantity and the petitioner has failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, 1985. However, the petitioner has filed this bail application immediately on 27.06.2025 (i.e.,) within four days from the date of dismissal of the earlier bail petition without any change of circumstances, which is a clear abuse of process. 2/4

4.

In view of the above, this Court directs the petitioner to make a non-refundable deposit for a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of District Legal Services Authority, Chennai within a period of two weeks from the date of receipt of copy of this order.

5.

Accordingly, this criminal original petition is dismissed. 27.10.2025 stn To

1. The Inspector of Police, K-2, Ayyanavaram Police Station, Chennai - 600 028.

(Crime No.311 of 2024)

2. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.28041 of 2025 27.10.2025 4/4