Faisal Ahamed M v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Faisal Ahamed ... Petitioner Vs.

State Rep.by The Inspector of Police, PEW Flower Bazaar Unit, Chennai.

Coimbatore District.

(Cr.No.70 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.70 of 2025, on the file of PEW Flower Bazaar Unit, Chennai. For Petitioner :

Mr.P.Muthamaizhselvakumar For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.06.2025, for the offence punishable under Sections 8(c), 20(b) (ii) (B) 1/8

of NDPS Act in Crime No.70 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 4.500 grams of ganja. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 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 (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the accused has got one previous case against him and opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/8

6. Considering the facts and circumstances of the case and submissions made by the learned counsel on either side, 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 Principal Special Court under EC & NDPS Act, Chennai 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 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 daily at 10.30.a.m., for a period of three weeks 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; 3/8

[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 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. 29.07.2025 dna Note :

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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 Principal Special Court under EC & NDPS Act, Chennai 2.The Inspector of Police, PEW Flower Bazaar Unit, Chennai.

Coimbatore District.

(Cr.No.70 of 2025) 3.The Central Prison, Puzhal II, Chennai.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

dna 29.07.2025 6/8

M. NIRMAL KUMAR, J.

This matter is posted today under the caption 'For being mentioned' at the instance of the learned counsel for the petitioner.

2. When the matter is taken up for hearing, the learned counsel for the petitioner brought it to the notice of the Court that in the order, the District of the Respondent Police is wrongly mentioned as "Coimbatore District" instead of "Chennai District".

3. In view of the same, necessary corrections to be carried out in the order as follows:- i) In Cause title of the Order dated 29.07.2025, the District of the Respondent Police, "Coimbatore District" shall be replaced with "Chennai District".

ii) Also, in the Copy To portion, in Serial No.2, the the District of the Respondent Police, "Coimbatore District" shall be replaced with "Chennai District".

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M. NIRMAL KUMAR, J.

shl

4. Registry is directed to issue fresh order copy by incorporating the above said changes.

30.07.2025 shl 8/8