Selvakumar v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR 1.Selvakumar 2.Ramkumar @ Kakaram ... Petitioners Vs.

The State represented by, The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai. (Crime No.189 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.189 of 2025 on the file of the respondent Police. For Petitioners :

Mr.R.Devakumar For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The 1st petitioner(A2) was arrested and remanded to judicial custody on 09.06.2025 and the 2nd petitioner (A3)was arrested and remanded to judicial custody on 12.06.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 29(1) of NDPS Act, 1985, in Crime No.189 of 2025 on the file of 1/5

the respondent police, seek bail.

2. The case of the prosecution is that accused were found to be in illegal possession of 1.225 kilo grams of ganja. Hence, the complaint.

3. The contention of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the co-accused/A4 was granted bail by this Court. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and hence, he prayed for grant of bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioners. He also submitted that the first petitioner(A2) is having 7 previous cases and the second petitioner (A3) is having 14 previous cases pending against them.

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

6. Considering the submissions made by the learned counsel appearing on either side and taking note of the nature of allegation and the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.

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7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 X Metropolitan Magistrate, Egmore, 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 petitioners 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 petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners 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 3/5

appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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.

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1. The X Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

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