Subashish Mallick v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.25824 of 2025 1.Subashish Mallick 2.Mayabati Mallick ... Petitioners/A1&A2 Vs.
The State Rep by The Inspector of Police, PEW Tiruppur City Police, Tiruppur.
... Respondent (Crime No.238 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in connection with petition in Crime No.238 of 2025 on the file of the respondent PEW Tiruppur City Police, Coimbatore. For Petitioners : M/s.S.Vasavi Sridevi For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) ************
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 06.07.2025 for the alleged offence under Section 8(c) r/w 20(b)(ii)(B) 29(1) of NDPS Act, 1985, in Crime No.238 of 2025 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 05.07.2025 at around 07.00PM, the respondent and his team, on receiving a secret information about the illegal possession of ganja, conducted a search and found that the petitioners were in illegal possession of 14.250kilograms of ganja. Hence the present case.
3. The learned counsel appearing for the petitioners submitted that the petitioner are innocent persons and have been falsely implicated in this case. He further submitted that the quantity involved in the case only a intermediate quantity. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case. He further reported that no previous cases has been registered against the petitioners.
5. Considering the fact that the quantity involved is 14.250kilograms of ganja and the the quantity involved in the case only a intermediate quantity and the submissions made by the learned counsel on both sides, I am inclined to grant bail to the petitioners. 2/5
6. Accordingly, the petitioners are ordered to be released on bail on their 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 Judicial Magistrate III, Tiruppur, 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 10.30a.m., for a period of two weeks and thereafter as and when required for interrogation ;
[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in 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];
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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 nvi 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 III, Tiruppur.
2.The Inspector of Police, PEW Tiruppur City Police, Tiruppur.
3. The Central Jail, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR , J.
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