Prasanth v. State Rep. By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Prasanth ... Petitioner Vs.
State Rep. by:
The Inspector of Police, R-10 MGR Nagar, Chennai District.
(Crime No.246 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.246 of 2025 on the file of the respondent police. For Petitioner :
Mr.P.Palaninathan for Mr.Joseph Gunasekar 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 12.07.2025, for the offence punishable under Sections 8(c), 22(b) & 29(1) of NDPS Act, 1985 in Crime No.246 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 along with other accused person, was found in possession of 3 grams of Methamphetamine and 28 grams of Hashish Oil. Hence, the case.
3. According to the prosecution, based on secret information received from an informant, a search was conducted near MGR Nagar, KK Road on 12.07.2025, during which seven persons were arrested for possession of Narcotics Drugs and Psychotropic Substances. He further submitted that the investigation revealed that A6 had procured the prohibited substances from Andhra Pradesh and distributed them to the other accused. From this petitioner 3 grams of Methamphetamine and 28 grams of Hashish Oil were seized, which were allegedly kept for sale.
4. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has no previous case pending against him.
5. Considering the period of incarceration already undergone by the petitioner and the fact that the alleged contraband seized from the 2/5
petitioner falls under small quantity, this Court is inclined to grant bail to the petitioner, subject to certain conditions:
6. 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 for EC and 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., 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 3/5
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 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 Principal Special Court for E.C & NDPS Act, Chennai.
2.The Inspector of Police, R-10 MGR Nagar, Chennai 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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