Alexander v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.25077 of 2025 Alexander ... Petitioner Vs.

State Rep by The Inspector of Police, PEW Vellore Police Station, Vellore District.

... Respondent (Cr.No.105 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.105 of 2025 on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petition for bail for the offence punishable under Section 8(c), 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 in Crime No.105 of 2025, registered on the file of the respondent police. 1/6

2. The petitioner herein shown formal arrest in Cr.No.105 of 2025, wherein the respondent police seized 10 kgs of ganja from A2 and A3 and this petitioner alleged to have escaped from the scene of occurrence on seeing the police party.

3. Reading of an FIR registered in Cr.No.105 of 2025 dated 24.07.2025 discloses that on specific information, the respondent police intercepted the passengers' bus passing through Christiyanpettai Check Post. Three persons tried to fleed from the bus. A2 and A3 were apprehended and from their shoulder bag, 5 kgs of ganja each were recovered. This petitioner alleged to have escaped from the scene occurrence. From the information given by the arrested co-accused , this petitioner was found to be the leader of the said gang.

4. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he is not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. 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.

2/6

5. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that this petitioner has subsequently arrested two days after for being in possession of 3kgs of ganja. Hence he opposed to grant of bail to the petitioner.

6. The learned counsel appearing for the petitioner states that the other two accused from whom the alleged ganja was seized, already granted bail.

7. Heard both sides and perused the materials available on record.

8. Considering the said fact, this Court is inclined to grant bail to the petitioner with certain conditions.

9. 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 3/6

the Additional District Judge & Presiding Officer, Special Court under E.C and NDPS Act Cases, Salem (FAC) 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 report before the respondent police daily at 10.30a.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. 15.09.2025 Vv 4/6

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 Additional District Judge & Presiding Officer, Special Court under E.C and NDPS Act Cases, Salem (FAC)

2. The Inspector of Police, PEW Vellore Police Station, Vellore District.

3. The Central Prison, Salem 4.The Public Prosecutor, High Court of Madras.

5/6

Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.25077 of 2025 15.09.2025 6/6