Vishal v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.08.2025 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Vishal ... Petitioner -vsThe state rep by its The Inspector of Police D3-Ice House Police Station, Chennai.
Crime No.260 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. 260 of 2025 on the file of the Inspector of Police, D3-Ice House Police Station, Chennai.
For Petitioner : Mr.S.Karthik For Respondent : Mr.L.Baskaran Government Advocate (Crl.side) Page No.1/5
ORDER
The petitioner, who was arrested and remanded to judicial custody on 15.06.2025 for the offence punishable under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, 1985, in connection with Crime No. 260 of 2025, registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that based on the secret information, the respondent police, while on patrol duty, found the petitioner in possession of 1Kg 100 grams of Ganja. Hence, the case was registered.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner has not connected with the alleged offence, however, he is suffering incarceration from 15.06.2025. 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. Learned Government Advocate (Crl.side) appearing for the respondent states that in this case, lab report is awaiting. Hence, he opposed for grant of bail.
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5. Heard both sides and perused the materials available on record.
6. The petitioner herein was in possession of 1Kg 100 grams and arrested on 15.06.2025. Till date, the final report not yet filed. As far as this petitioner is concerned, two previous cases were pending. However, since the investigation is not yet completed even after 60 days, this Court is inclined to grant bail to the petitioner with 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 II Metropolitan Magistrate, Egmore 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 4.00pm, 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 Page No.3/5
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. 19.08.2025 nr 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 II Metropolitan Magistrate, Egmore Chennai
2. The Inspector of Police D3-Ice House Police Station, Chennai.
3. The Superintendent, Central Prison, Puzhal,Chennai.
4. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN , J.
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