Sathyaseelan @ Sathya v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.23269 & 23274 of 2025 Sathyaseelan @ Sathya ... Petitioner in Crl.O.P.No.23269 of 2025 Muneeswaran ... Petitioner in Crl.O.P.No.23274 of 2025 Vs.
State of Tamil Nadu, The Inspector of Police, T-7, Otteri Police Station.
(Crime No.497 of 2025) ... Respondent in Crl.O.P.Nos.23269 & 23274 of 2025 COMMON PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in connection with Crime No.497 of 2025 on the file of the respondent police.
For Petitioners in both cases : Mr.G.Suresh For Respondent in both cases : Mr.A.Gopinath Government Advocate (Crl. Side) COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 28.06.2025, for the offence punishable under Sections 8(C), 20B (ii) (B), 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, in 1/6
Crime No.497 of 2025, registered on the file of the respondent, seek bail.
2. The case of the prosecution is that the petitioners herein were found in possession of 1.350 Kgs of Ganja. Hence, the present complaint.
3. The petitioners were arrested and remanded to judicial custody on 28.06.2025 in connection with recovery of 1.350 Kgs of Ganja. As far as these petitioners are concerned, no recovery from them except the statement of the co-accused who has implicated them as the supplier of the contraband.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioners and submitted that these petitioners used to procure Ganja from Andhra Pradesh and distributed to pedlars in Tamil Nadu who are the accused Nos.A1, A2 and A3. The petitioners are having six previous cases each and some of the cases are under the NDPS Act.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the fact that the petitioners were arrested on 28.06.2025, till date final report not filed and further more, no recovery from the possession of the petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate II, 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 petitioners 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 petitioners in 3/6
accordance with law as if the aforementioned conditions have been imposed and the petitioners 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. 01.09.2025 gbi 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 Judicial Magistrate II, Chengalpattu.
2.The Inspector of Police, T-7, Otteri Police Station.
3.Chengalpattu Sub-Jail. (Mens).
4.The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN, J.
gbi 01.09.2025 6/6