Menaka v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.24468 of 2025 Menaka ... Petitioner/ A3 Vs The State rep. by, The Inspector of Police, P-6 Kodungaiyur Police Station, (Crime No.402 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.402 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. G. Sivakumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 28.07.2025, for the offences punishable under Sections 8(c) r/w 22(b) and 29(1) of NDPS Act, 1985 in Crime No.402 of 2025, registered on the file respondent police, seeks bail.
2.
The case of the prosecution is that on 28.07.2025, based on a secret information, the respondent police went to the spot and found that the petitioner along with co-accused were in illegal possession of 490 numbers of Nitrazapam Tablets for the purpose of sales. Hence, this case. 3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case since she is the mother of the co-accused; that she is in judicial custody since 28.07.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and stated that there are totally three accused and the 2/6
petitioner is arrayed as A3 and she is the mother of A1, who funded the other accused to purchase Nitrazapam tablets from Bombay and to illegal sell the same in Chennai. He also submitted that the petitioner herein as one previous case, the contraband seized is of intermediate quantity and the investigation is pending.
5.
Considering the facts and circumstances of the case, the contraband seized is of intermediate quantity, the petitioner being a lady and 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 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 X Metropolitan Magistrate at Egmore 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; 3/6
[b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of three 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 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. 22.09.2025 stn Note :
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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 X Metropolitan Magistrate, Egmore.
2. The Inspector of Police, P-6 Kodungaiyur Police Station, (Crime No.402 of 2025)
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
stn 5/6
Crl.O.P. No.24468 of 2025 22.09.2025 6/6