Venkatesh v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Venkatesh .....
Petitioner Vs State, rep. by Inspector of Police, T-1, Ambattur Police Station, Tiruvallur crime No.236 of 2024 .....
Respondent PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, 2023, praying to call for the records and set aside the order passed in Crl.MP.No.9641 of 2024 dated 19.09.2024 on the file of the Principal Special Judge under EC & NDPS Act, Chennai.
For Petitioner : Mr.C.M.Ramakrishnan For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)
O R D E R
This Criminal Revision Case has been preferred against the order passed in Crl.MP.No.9641 of 2024 dated 19.09.2024 on the file of the Principal
Special Judge under EC & NDPS Act, Chennai, thereby allowing the petition filed under Section 36(A)(4) of NDPS Act seeking further extension of statutory period of investigation for a period of 180 days. 2.
The petitioner is an accused in crime No.236 of 2024 on the file of the respondent police and he was remanded to judicial custody on 11.03.2024 for the offences punishable under Sections 8(c) r/w 22(c), 25 and 29(1) of NDPS Act. The case of the prosecution is that the accused persons were found in illegal possession of 180 grams of methamphetamine. 3.
It is seen that one of the co-accused persons i.e. A2 already approached this Court in Crl.RC.No.1885 of 2024 challenging the order of dismissal passed by the learned Principal Special Judge under EC and NDPS Act at Chennai in the petition filed under Section 167(2) and this court, by order dated 27.11.2024, considered the case of that petitioner and granted bail to him. Therefore, this Court is of the view that the same benefit can be extended to the present petitioner, who is on the same footing. 4.
Accordingly, the impugned order passed in Crl.MP.No.9641 of 2024 dated 19.09.2024 on the file of the Principal Special Judge under EC &
NDPS Act, Chennai, is set aside and the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Principal Special Judge, Special Court for EC & NDPS Act, Chennai and on further conditions that:
(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the Trial Court on the first working day of every month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioner shall not abscond 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
5.
In the result, this criminal revision case stands allowed. 22.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok
To 1.Principal Special Judge under EC & NDPS Act, Chennai. 2.Inspector of Police, T-1, Ambattur Police Station, Tiruvallur 3.Central Prison, Puzhal-II 4.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
lok 22.07.2025