Akash v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23063 of 2025 Akash ... Petitioner Vs.

The State Represented by The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District.

(Crime No.383 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.383 of 2025 on the file of the respondent Police. For Petitioner :

Mr.R.Parthiban For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

The petitioner who was arrested and remanded to judicial custody on 21.06.2025 for the alleged offence under Section 8 (c) r/w 20 (b) (ii) (B), 29 (1) of NDPS Act, 1985, in Cr.No.383 of 2025, seeks bail. 1/6

2.The petitioner and his brother was arrested on 21.06.2025 for alleged joint possession of 2 Kg of Ganja. His brother is already detained under Tamil Nadu Act 14 of 1982, whereas this petitioner is in Prison for sixty days. 3.The learned Government Advocate (Criminal side) states that final report not filed and lab report is awaited. As far as this petitioner is concerned there is eight previous cases against him. However, those eight cases are not connected with NDPS offence.

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

5.Considering the said fact and the period of incarceration undergone by the petitioner, 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.25,000/- (Rupees Twenty Five Thousand 2/6

only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Chengalpattu, 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 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. 20.08.2025 ep 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 3/6

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 No.I, Chengalpattu.

2.The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN , J.

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