Balashanmugam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Balashanmugam, S/o.Gunasekar 2.Ranjith, S/o.Venkatesan ... Petitioners
Versus
The Inspector of Police, Ayanavaram Police Station (K-2), Chennai in Cr.No.278/24.
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioners/Accused Nos.2 & 3 bail in Crime No.278/2024 on the file of the Inspector of Police, Ayanavaram Police Station, Chennai.
For Petitioners :
Mr.R.Ganesan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioners/A2 & A3, who were arrested and remanded to judicial custody on 19.10.2024, seeking bail in Crime No.278 of 2024 registered for the offence under Section 8(c), 22(b), 25 & 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985.
2.The case of the prosecution is that the petitioners/A2 & A3 and A1 were found in illegal possession of 5 grams of Methamphetamine and the respondent Police had seized the contraband from the accused and they were arrested and remanded to judicial custody on the same day. Hence, the case.
3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in custody from 19.10.2024 and they are also ready to abide by any stringent conditions Page No.2 of 6
that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.
4.Learned Government Advocate (Crl. Side) appearing for the respondent Police, while objecting for grant of bail to the petitioners, submitted that the petitioners/A2 & A3 and A1 were found in illegal possession of 5 grams of Methamphetamine. However, they have no previous case pending against them.
5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.
6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. Page No.3 of 6
7.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai 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 petitioners shall report before the respondent Police, everyday at 06.30 p.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the Page No.4 of 6
learned 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 25.11.2024 vv2 To 1.The V Metropolitan Magistrate, Egmore, Chennai.
2.The Inspector of Police, Ayanavaram Police Station (K-2), Chennai.
3.The Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
Page No.5 of 6
A.D.JAGADISH CHANDIRA, J.
vv2 Crl.O.P.No.29365 of 2024 25.11.2024 Page No.6 of 6