Raja Sekar Alias Silambarasan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.26337 of 2025 Raja Sekar @ Silambarasan ... Petitioner/A2 Vs.

State rep by The Inspector of Police, P4, Basin Bridge Police Station, Chennai.

... Respondent (Cr.No.441 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.441 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.A.Ajith Kumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner herein, who was arrested on 16.08.2025 in connection with Crime No.441 of 2025 for the alleged offence under Section 8(c) r/w Section 20(b)(ii)(B) of NDPS Act, 1985 and Section 25(1)(a) of Arms Act, seeks bail.

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2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.150 Kgs of Ganja. Hence the case.

3.The learned counsel appearing for the petitioner states that only 200 grams of Ganja has been seized 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 reiterated the prosecution case and submitted that there are two previous cases pending as against the petitioner. Hence, he opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that though the petitioner is having two previous cases those cases are IPC offence and the recovery effected from this petitioner is only 200 grams and considering the period of incarceration suffered by the 2/5

petitioner, this Court is 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore, Chennai, 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 two 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 3/5

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. 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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To 1.The X Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, P4, Basin Bridge Police Station, Chennai.

3.The Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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smv Crl.O.P.No.26337 of 2025 24.09.2025 6/5