Sanjay v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25790 of 2025 Sanjay ... Petitioner/A3 Vs.
State rep by The Inspector of Police, PEW Namakkal Police Station, Namakkal District.
... Respondent (Cr.No.215 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.215 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.C.Deepak Kumar For Respondent :
Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
The petitioner herein/A3 who was arrested on 20.07.2025 in connection with Crime No.215 of 2025 for the alleged offence under Section 8(c), 20(b)(ii)(B), 29(1) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.
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2.The allegation against this petitioner is that this petitioner and two other accused were found in joint possession of 6.300 kgs of Ganja leaves. Hence the case.
3.The learned counsel appearing for the petitioner submitted that this petitioner is in custody for a long period and he is not having any previous case and there is no recovery directly from this petitioner. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent reported that this is the case of joint possession and the earlier bail petition filed by the petitioner is also dismissed and there is no change in circumstances. He further submitted that there are no previous cases pending as against the petitioner and two other accused arrested were detained under Act 14 / 1982. Hence, he opposed to grant bail to the petitioner.
5.Considering the fact that the petitioner is not having any previous case and considering the period of incarceration suffered by the petitioner and the seized contraband is also an intermediate quantity, this Court is 2/5
inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate - I, Namakkal, 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 10.30 a.m., for a period of three weeks and thereafter, as and when required for the 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];
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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.09.2025 smv 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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1.The Judicial Magistrate - I, Namakkal.
2.The Inspector of Police, PEW Namakkal Police Station, Namakkal District.
3. The Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
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Crl.O.P.No.25790 of 2025 24.09.2025 6/5