Sundar @ Kottai Sundar 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 Sundar @ Kottai Sundar ... Petitioner Vs.

State Rep. by:

The Inspector of Police, Kundadam Police Station, Tiruppur District.

(Crime No.84 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.84 of 2025 pending on the file of the respondent police. For Petitioner :

Mr.A.Saranraj 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 28.03.2025, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B), 25, 29(1) of NDPS Act, 1985 in Crime No.84 of 2025, registered on the file of the respondent, seeks bail. 1/5

2. The case of the prosecution is that the petitioner along with four other accused persons, was found in possession of 8 kgs of ganja illegally transported in a Ford Fiesta car bearing Registration No.TN 69 L 0651. Hence, the case.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that this petitioner is having 12 previous cases, out of which four cases are similar in nature. He further submitted that the investigation has been completed and the final report was also filed and taken on file in C.C.No.93 of 2025.

4. The learned counsel for the petitioner submits that the coaccused have already been granted bail by this Court.

5. Considering the nature of offence and the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 2/5

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 the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, 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 Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, daily at 10.30 a.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 3/5

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 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 Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

2.The Inspector of Police, Kundadam Police Station, Tiruppur District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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