Darma @ Dharuman v. The State Rep By Its Sub - Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Darma @ Dharuman ... Petitioner Vs.
The State Rep by its The Sub - Inspector of Police, Tiruvannamalai District.
(Crime No.292 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. 292 of 2025 pending investigation on the file of the respondent. For Petitioner :
Mr.Sathiyaraj E 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 24.08.2025 for the alleged offence under Sections 8(c) read with 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 4(1)(C) read 1/4
with 4(1-A)(ii) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.292 of 2025, on the file of respondent police, seeks bail.
2. The case of the prosecution is that, the petitioner herein was found in illegal possession of 1.200 grams 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 24.08.2025. 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 14 previous cases including 9 NDPS cases. He further submitted that the investigation is yet to be 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 2/4
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.15,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit to the credit of Advocates Clerks Welfare Association, Tiruvannamalai, 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 Judicial Magistrate -I, Tiruvannamalai; 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., 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 3/4
T.V.THAMILSELVI , J.
rpl 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 Judicial Magistrate-I, Tiruvannamalai. 2.The Sub - Inspector of Police, Tiruvannamalai District. 3.The Superintendent, Central Prison, Vellore. 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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