Balaji v. The 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 Balaji ... Petitioner Vs.

The State represented by, The Inspector of Police, Nolambur Police Station, Chennai.

(Crime No.79 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.79 of 2025 on the file of the respondent Police. For Petitioner :

Mr.S.Kasirajan 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 25.05.2025 for the offences under Sections 8(c) r/w 20(b)(ii)(B), 22(b) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.79 of 2025, on the file of the respondent Police, seeks bail. 1/4

2. The case of the prosecution is that the accused were found to be in illegal possession of 3 grams of Cocaine. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the co-accused in this case were arrested and released on bail by this Court in Crl.O.P.Nos.17159 & 18796 of 2025 dated 20.06.2025 & 03.07.2025. 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 petitioner is arrayed as A4 in this case.

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

6. Considering the facts and circumstances of the case, the submissions made by the learned counsel appearing on either side and taking note of the period of incarceration undergone by the petitioner and that the co-accused have been released on bail, 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 2/4

two sureties, each for a like sum to the satisfaction of the learned Principal Special Judge for EC and NDPS Act Cases, Chennai, 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 report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond during during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] 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];

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G.K.ILANTHIRAIYAN , J.

ham [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14.07.2025 ham To

1. The Principal Special Judge for EC and NDPS Act Cases, Chennai.

2. The Inspector of Police, Nolambur Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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