Karthick v. State By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Karthick ... Petitioner Vs.

State Rep. by:

The Inspector of Police, Tambaram Police Station, Kancheepuram District.

(Crime No.378 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.378 of 2025, on the file of the respondent. For Petitioner :

Mr.M.D.Ilayaraja For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 15.07.2025, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act, in Crime No.378 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the petitioner was found in possession of 500 grams of ganja. Hence the complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent opposed for granting of bail to the petitioner on the ground that the petitioner is a habitual offender and has seven previous cases pending against him, out of which 5 cases are related to NDPS offence and in one case, he has already been acquitted.

4. Taking note of the fact that the petitioner was arrested for the alleged possession of 500 grams of ganja, which is a small quantity, and further considering the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail on his 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 2/5

the learned Judicial Magistrate No.I, Tambaram, 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 twice daily at 10.00 a.m., and 5.30 p.m., until further orders;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 02.09.2025 drl 3/5

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 No.I, Tambaram.

2.The Inspector of Police, Tambaram Police Station, Kancheepuram District.

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

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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