← Library
Madras High CourtCRL OP/22742/2025granted

Mohammed Azarudin, v. The Inspector Of Police,

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Mohammed Azarudin, S/o. Shenvas, No.12/25/1, T.H.Road, Thangal, Thiruvottriyur, Chennai - 600019.

2. Karthick S/o. Kumar, No.14-A, Chinna Mettupalayam, 1st Street, Thiruvottriyur, Chennai - 600 019.

Petitioner(s) Vs The Inspector of Police, K-4, Anna Nagar Police Station, Chennai.

Respondent(s) PRAYER To enlarge the petitioners on bail in connection with the Crime No. 719/2025 pending on the file of the respondent, Chennai. 1/6

For Petitioner(s):

Mr.G.Balachanar For Respondent(s):

Mr.A.Gopinath, Govt.Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 22.07.2025 for the alleged offences under Sec. 8(c), 22(b), 25, 29(1) of NDPS Act, in Crime No.719 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.07.2025, on a secret information with regard to sale of prohibited contraband near Anna Nagar Tower Park, the respondent police intercepted the petitioners and on search, the respondent police found that they were in possession of 8 nos. of MDMA tablet (4.5 grams) and seized the same. Accordingly, the complaint was registered against the petitioner.

3. The learned counsel for the petitioners submitted that they are ranked as A1 and A2 and they were falsely implicated in this case as if they were found in possession of prohibited contraband. He would submit that they are in custody for more than 50 days from 22.07.2025 and they innocent persons and they have not at all committed any offence as alleged by the respondent police and they are no way connected with the said occurrence. He would submit that 2/6

there is no role of the petitioners in the alleged offence. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally three accused involved in this case and the petitioners are arrayed as A1 and A2 and A3 is still absconding. He would submit that total contraband seized in the process is 8 nos. of MDMA tablet (4.5 grams), which were found in possession of petitioners, which is an intermediate quantity. He would submit that now the investigation is almost completed and they are in custody for more than 50 days. He would submit that at this stage, if they are released on bail, they would hamper the investigation and tamper the witnesses. Hence, he strongly opposed to grant bail to the petitioners.

6. On seeing the facts, it reveals that the petitioners along with A3 were found in possession of 8 MDMA Tablet (4.5 grams), which is only an intermediate quantity. Considering that and also the fact that investigation completed and also considering the period of incarceration undergone by the petitioner from 22.07.2025 for more than 50 days and and he is ready to abide any condition imposed by this court, this Court is inclined to grant bail to the petitioner subject to the following conditions :- 3/6

7. Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each, in which one surety must be a blood surety for a like sum to the satisfaction of the V Metropolitan Magistrate, Egmore, Chennai and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (b) the petitioners shall report before the respondent police on alternative days at 10.30 a.m. for the period of two months;

(c) the petitioners shall not commit any offences of similar nature;

(d) the petitioners shall not abscond either during investigation or trial;

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned 4/6

Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 11-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. V Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, K-4 Anna Nagar Police Station, Chennai.

3. The Superintendent of Prison, Central Prison, Puzhal. 4.The Public Prosecutor, High Court, Madras 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.

5/6

T.V.THAMILSELVI J.

rpp CRL OP No. 22742 of 11-09-2025 6/6