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Madras High CourtCRL OP/24009/2025granted

Vijaybabu v. The State Rep By Inspector Of Police

2025-09-10Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Vijaybabu ... Petitioner Vs.

The State rep by The Inspector of Police F-1 Chintadaripet Police Station, Chennai.

Crime No.492 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner accused on bail in Crime No.492 of 2025 on the file of the Respondent police. For Petitioner :

Mr.T.I.Ramanathan 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 28.07.2025 for the alleged offence under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.492 of 2025, on the file of respondent police, seeks bail. 1/4

2. The case of the prosecution is that, the petitioner was found in illegal possession of 1.250 kgs of Ganja. Hence, the present complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 28.07.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the petitioner has 12 previous cases both NDPS and IPC offences. He further submitted that the investigation is almost completed. 5.Considering the facts, the submissions made by both counsels, and the fact that the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit to the credit of 2/4

Madras High Court Advocates Clerks Welfare Association, High Court of Madras, Indian Bank, High Court Branch, S.B.A/c. No.484077244, IFSC.No.IDIB000M157, and on such deposit, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned XIV 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the respondent police daily at 10.00 a.m., and 5.00 p.m., for a period of three months.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

(e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been T.V.THAMILSELVI , J.

rpl 3/4

imposed and the petitioner released on bail by the 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

10.09.2025 rpl To 1.The XIV Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police, F-1 Chintadaripet Police Station, Chennai. 3.The Superintendent, Central Prison-II, Puzhal. 4.The Public Prosecutor, High Court of 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.

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