Manoj Kumar v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22467 of 2025 M.Manojkumar, S/o.Mohan ... Petitioner Vs.

Inspector of Police, PEW, Gobi Chettipalayam Police station, Erode District, Cr.No.221 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.221 of 2025 pending on the file of the respondent. For Petitioner :

Ms.P.Gowri For Respondent :

Mr.L.Baskaran Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 14.06.2025, for the alleged offence under Sections 8(c) read with 20(b)(ii) (B) of NDPS Act, 1985 in Crime No.221 of 2025, registered on the file of the respondent, seeks bail.

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2.As per the First Information Report, the case of the prosecution is that on 14.06.2025, the petitioner was found in possession of 4.500 kilograms of Ganja. Hence, the case was registered. 3.The learned counsel for the petitioner submitted that the petitioner was in judicial custody for the past 60 days and that he is an innocent person who has been falsely implicated in this case. Hence, he prays for the grant of bail to the petitioner. 4.The learned Government Advocate (Criminal side) appearing for the respondent Police states that the investigation is pending and that the release of the petitioner would hamper the investigation with every possibility of his absconding. Hence, he strongly opposed the grant of bail to the petitioner.

5.Heard the learned counsels on either side and perused the materials on record.

6.Taking into consideration the intermediate quantity of Kanja involved, and also the fact that the petitioner was in judicial custody from 14.06.2025, this court is inclined to grant bail to the petitioner. 2/6

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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 appear before the respondent Police daily morning at 10.00 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 the Hon'ble Supreme Court in P.K.Shaji vs. State of 3/6

Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.08.2025 mp 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. 4/6

To

1. The Additional District Judge /Presiding Officer Special Court for essential Commodities act cases, Coimbatore.

2. The Central Prison, Coimbatore.

3. Inspector of Police, PEW, Gobi Chettipalayam Police station, Erode District.

4. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN , J.

mp Crl.O.P.No.22467 of 2025 18.08.2025 6/6