Gopinathan @ Koor Gopi v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Gopinathan @ Koor Gopi ... Petitioner/A1 Vs.

The State rep. by The Inspector of Police, Maraimalainagar Police Station, Chengalpattu District.

(Crime No.239 of 2025) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to release the petitioner on bail pending investigation in Crime No.239 of 2025 on the file of the respondent. For Petitioner :

Mr.G.Magesh Kumar For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.06.2025, for the offence punishable under Sections 8(c) r/w 1/6

20(b)(ii)(B) and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in connection with Crime No.239 of 2025, registered on the file of the respondent, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 1.200 kgs. of Ganja. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He further submitted that the co-accused/A2, A4 and A6 were granted bail by the Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai in Crl.M.P.No.3102 of 2025 on 08.07.2025. 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.The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of bail to the petitioner 2/6

reiterated the prosecution case and submitted that in this case, there are totally 8 accused, the petitioner is ranked as A1 and he has got 8 previous cases. He further submitted that the co-accused/A2, A4 and A6 were granted bail by the Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai in Crl.M.P.No.3102 of 2025 on 08.07.2025. 5.Heard the learned counsel appearing on both sides. 6.Considering the submissions made on either side, the period of incarceration undergone by the petitioner and the fact that the co-accused/ A2, A4 and A6 were already granted bail by the Lower Court, 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 Judicial Magistrate No.II, Chengalpattu 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 3/6

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 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 directly or indirectly cause any threat to the de-facto complainant and witnesses; [d] 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;

[e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16.07.2025 rsi 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 Judicial Magistrate II, Chengalpattu.

2.The Inspector of Police, Maraimalainagar Police Station, Chengalpattu District.

3.The Superintendent, District Jail, Chengalpattu.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 16.07.2025 6/6