Arun Kumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.25800 of 2025 Arun Kumar ... Petitioner Vs.

The State Rep by The Inspector of Police, Kilkodungalur Police Station, Chennai District.

... Respondent (Crime No.163 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of BNS, to enlarge the petitioner/accused on bail in Crime No.163 of 2025 dated 05.09.2025 pending on the file of the Respondent Police. For Petitioner : Mr.R.Dinesh 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 05.09.2025 for the alleged offence under Sections 123 of BNS & 8(c), 20(b)(ii)(A) of NDPS Act, 1985, in Crime No.163 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 05.09.2025, around 10.00 a.m., the respondent and his team, on receiving a secret information about the illegal possession of ganja, conducted a search and found that the petitioner, along with other accused persons, was in illegal possession of 300 grams of ganja. Hence the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that A2 in this case is absconding. He further reported that four previous cases has been registered against the petitioner. It is also stated that all the offences fall under the I.P.C.

5. Considering the fact that the quantity involved is 300 grams of ganja and the submissions made by the learned counsel on both sides, I am inclined to grant bail to the petitioner. 2/5

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 Judicial Magistrate at Vandavasi 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., for a period of two 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];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 nvi 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 Judicial Magistrate, Vandavasi

2. The Inspector of Police, Kilkodungalur Police Station, Chennai District

3. The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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