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Madras High CourtCRL OP/22233/2025granted

Abiyuth v. State, Represented By The Sub-Inspector Of Police

2025-08-11Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22233 of 2025 Abiyuth ... Petitioner Vs.

State represented by The Sub Inspector of Police, Mappedu Police Station, Thiruvallur District.

... Respondent (Cr.No.138 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail concerned in Crime No.138 of 2025 pending on the file of The Sub Inspector of Police, Mappedu Police Station,Thiruvallur District. For Petitioner : Mr.R.Parthiban For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petition for bail for the offence punishable under Section 8(c), 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 r/w 1/5

77 of the Juvenile Justice Act, 2015 in Crime No.138 of 2025, registered on the file of the respondent police.

2. The petitioner along with two other accused persons were arrested on 21.06.2025 for alleged joint possession of 50 grams of ganja. 3.The learned counsel appearing for the petitioner states that the petitioner has been falsely implicated and nothing to do with the 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. However, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the accused persons have sold the ganja to the school children for their personal gain. Hence, he opposed to grant of bail to the petitioner.

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

6. Considering the period of incarceration and the quantity , the petitioner is entitled to be granted bail, subject to certain conditions.

7. 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 Judicial Magistrate Court-II, Thiruvallur, 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 as and required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled 3/5

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. 11.08.2025 Vv 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 -II, Thiruvallur.

2. The The Sub Inspector of Police, Mappedu Police Station, Thiruvallur District.

3. The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.22233 of 2025 11.08.2025 5/5