Sanjaya Kumar Nial v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.19433 of 2025 Sanjaya Kumar Nial ... Petitioner Vs.
State Rep. By The Inspector of Police, Palladam Police Station, Tirupur District.
Crime No. 625 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.625 of 2025 pending investigation on the file of the respondent. For Petitioner :
Mr.W.Camyles Gandhi For Respondent :
Mr.R.Vinothraja Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested on 08.06.2025, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 in connection with Crime No. 625 of 2025, registered on the file of the respondent, seeks bail. 1/6
2.The case of the prosecution is that the petitioner was caught with about 2 kilogram of ganja. Hence, the complaint.
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 also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 08.06.2025. 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 was arrested on 08.06.2025 and no previous case is pending against the petitioner.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the facts and circumstances of the case, nature of allegations, 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 shall donate a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the RAY OF LIGHT FOUNDATION; A/c No : 50100078904233; IFSC code : HDFC0001864; No.10, Nageswara Road, Nungambakkam, Chennai, Tamil Nadu 600034; Ph No.8939065431 and on such donation the petitioner shall release on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties (out of which, one shall be a blood - related surety), each for a like sum to the satisfaction of the learned Additional District Judge, Presiding Officer Special Court for Essential Commodities Act cases, Coimbatore and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall donate a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the RAY OF LIGHT FOUNDATION; A/c 3/6
No : 50100078904233; IFSC code : HDFC0001864; No.10, Nageswara Road, Nungambakkam, Chennai, Tamil Nadu 600034; Ph No.8939065431. [c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of 15 days and thereafter as and when required for interrogation.
[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
14.07.2025 nsl 4/6
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 learned Additional District Judge, Presiding Officer Special Court for Essential Commodities Act cases, Coimbatore.
2. The Inspector of Police, Palladam Police Station, Tirupur District.
3. The Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
5/6
G.K.ILANTHIRAIYAN, J.
nsl 14.07.2025 6/6