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Madras High CourtCRL OP/20540/2025granted

Sathish v. State Rep. By The Inspector Of Police

2025-09-096 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP No.20540 of 2025 Sathish

...Petitioner(s)

Vs State, Rep by The Inspector of Police, P-3 Vyasarpadi Police Station, Chennai.

(Cr.No. 233 of 2025)

...Respondent(s)

Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. 233of 2025 on the file of the respondent police.

For Petitioner(s) :

Mr.A Nirmal Kumar Sharma For Respondent(s):

Mr.S.Udayakumar, Government Advocate (Crl.Side) 1\6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 29(1) of NDPS Act in Crime No.233 of 2025, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was found in possession of 1.200 kgs of ganja. Hence, the case. 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 no way connected with the alleged offence. 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 has three previous cases.

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5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) to the credit of Madras High Court Advocate Clerks Welfare Association, Chennai, in Account No.

484077244, Indian Bank, Madras High Court Branch, Madras, IFSC Code: IDIB000M157, and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned V Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.

[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 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 on every Saturday at 10.30 a.m. for a period of three months and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] 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;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled 4\6

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];

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

09-09-2025 mps To 1.The V Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, P-3 Vyasarpadi Police Station, Chennai.

3.The Public Prosecutor, Madras High Court, Chennai.

Note:

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.

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T.V.THAMILSELVI, J.

mps CRL OP No.20540 of 2025 09.09.2025 6\6