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Madras High CourtCRL RC/2110/2025allowed

Karthik @ Pura Karthik v. The State Rep By Its, The Inspector Of Police

2025-11-10Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Karthik @ Pura Karthik S/o. Hrikrishnan, No.49, Mukilan Street, Karkil Nagar, Thiruvottiyur, Chennai-19

2. Abdul Kareem S/o. Modah Yusuf, No.156, Vallur Nagar, 7st street, ennore, Chennai-600 057.

Petitioner(s) Vs

1. The State Rep by its, The Inspector of Police H-3, Tondiarpet Police Station, Chennai Crime No.295 of 2024 Respondent(s) PRAYER To call for the records and set aside the order dated 09.12.2024 passed in Crl.M.P.No.13706 of 2024 on the file I Additional Special Judge, Principle Special Court Under EC and NDPS Act Cases, Chennai and enlarge the Petitioners on statutory/default bail in Crime No.295 of 2024 on such terms and

conditions as this Hon'ble Court deems fit and proper and thus render Justice. For Petitioner(s):

Mr.D.Padmanabhan For Respondent(s):

Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

This Criminal Revision has been filed by the petitioners, to set aside the order dated 09.12.2024 passed in Crl.M.P.No.13706 of 2024 on the file I Additional Special Judge, Principle Special Court Under EC and NDPS Act Cases, Chennai and enlarge the Petitioners on statutory/default bail.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials placed before this Court.

3. The learned counsel for the petitioners / A1 and A3, submitted that they were falsely implicated in this case and are ready to abide by any conditions

imposed by this Court. He further stated that the contraband involved is of intermediate quantity, approximately 1.712 grams (commercial quantity being 500 grams). He also submitted that the petitioners have been in custody since 16.06.2024 and prayed for statutory bail.

4. The learned prosecution raised an objection, stating that a total of 11 accused are involved, of which the petitioners are arrayed as A1 and A3. At the time of the alleged occurrence, 10 mg of Nitrovit tablets were recovered from the accused persons. As of now, except for these two petitioners, bail has been granted to the other accused. The final report has been filed. In respect of A1, he has 12 previous cases, including 2 under the NDPS Act and 1 under Section 302 IPC. In respect of A3, he has 2 cases under Section 302 IPC and 3 under the NDPS Act. Some of these cases are pending trial, while in others, bail has been availed.

5. Considering the facts and circumstance, as of now, the petitioners have been in custody since 16.06.2024. The final report has already been filed, and

the contraband involved is 1.72 grams, which falls under the intermediate quantity. Since the investigation is complete, this Court is inclined to grant bail to the petitioners. Accordingly, the order made in Crl.M.P.No.13706 of 2024 dated 09.12.2024 passed by the learned I Additional Special Judge, Principle Special Court under EC and NDPS Act Cases, Chennai, is hereby set aside. This Criminal Revision case stands allowed.

6.The petitioners are ordered to be released on bail on their execution of a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, out of which one surety shall be a blood related surety, each for a like sum to the satisfaction of the learned I Additional Special Judge, Principle Special Court under EC and NDPS Act Cases, 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 on every Tuesday and Saturday at 10.30 a.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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

10-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.The State Rep by its, The Inspector of Police H-3, Tondiarpet Police Station, Chennai Crime No.295 of 2024.

2.The I Additional Special Judge, Principle Special Court under EC and NDPS Act Cases, Chennai.

3.The Superintendent, Central Prison-II, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras, Chennai.

T.V.THAMILSELVI J.

rri CRL RC No. 2110 of 10-11-2025