Sivaneshwaran v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Sivaneshwaran ... Petitioner Vs.

State Rep. by:

The Inspector of Police, PEW RK Pet Police Station, Tiruvallur District.

.(Crime No.109 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.109 of 2025 on the file of the respondent police. For Petitioner :

Mr.P.Muthamizhselvakumar 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 13.07.2025, for the offence punishable under Sections 8(C) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.109 of 2025, registered on the file of the respondent, seeks bail. 1/5

2. On reading of the First Information Report, it is seen that the petitioner was arrested on 13.07.2025 for the alleged funding the illegal transport of 13.390 kgs of ganja. The petitioner is a resident of Theni District, whereas the contraband was seized near R.K. Pet, which falls within Thiruvallur District.

3. According to the prosecution, the contraband was purchased from Andhra Pradesh and transported through Tamil Nadu by A1 and A2. Based on the statement of these accused, the petitioner has been implicated as one of the accused for having funded the illicit transport of ganja.

4. Taking note of the fact that the investigation is substantially over and the final report is likely to be filed and considering the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions:

5. 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 2/5

the learned Judicial Magistrate Court, Tiruttani, 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 Villupuram and report before the Villupuram Taluk Police Station, twice daily at 10.00 a.m., and 5.00 p.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. 02.09.2025 drl 3/5

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 Judicial Magistrate Court, Tiruttani.

2.The Inspector of Police, PEW RK Pet Police Station, Tiruvallur District.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

drl 02.09.2025 5/5