Abul Hasem v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.23419 of 2025 Abul Hasem ... Petitioner Vs.

State represented by The Inspector of Police PEW Pallikaranai Police Station, Chennai.

... Respondent (Cr.No.25 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.25 of 2025 on the file of the respondent police. For Petitioner : Mr.T.S.Sasikumar 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 04.04.2025 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 20(1) of NDPS Act, in Crime No.25 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 04.04.2025, on a secret information with regard to sale of prohibited contraband at Kannagi Nagar near Housing Board, the respondent police conducted a search, but on seeing them, they tried to escape from there and they caught hold of him. On search, the respondent police found that the petitioner along with other accused were found in possession of 24 kgs of ganja and seized the same. Accordingly, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that the allegations are false; that co-accused was granted bail by this Court in Crl.O.P.No.20750 of 2025; that the petitioner is in custody from 0404.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl Side) submitted that, investigation in this case almost completed and co-accused - A2 had been released on bail in Crl.O.P.No.20750 of 2025 dated 11.09.2025. However, he opposed to grant bail to the petitioner.

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5. Heard both sides and perused the materials available on record.

6. Considering the nature of allegations, period of incarceration and the fact that the co-accused who is arrayed as accused No.2 and similarly placed with the petitioner is already granted bail by this Court, hence 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, for a like sum to the satisfaction of the learned Principal Judge for 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 stay at Vellore and report before the Vellore South Police on alternative days at 10.30 a.m. for the period of three months; 3/6

[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. 08.10.2025 kmm 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.

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To

1. The Principal Judge for NDPS Act, Chennai.

2. The Inspector of Police PEW Pallikaranai Police Station, Chennai.

3. The Central Prison, Puzhal - 1, Chennai.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

kmm Crl.O.P.No.23419 of 2025 10.10.2025 6/6