Dhanush Kumar v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Dhanush Kumar ... Petitioner in Crl.OP.No.31916 of 2024 Madankumar @ Akash ... Petitioner in Crl.OP.No.382 of 2025 Flaming Francis ... Petitioner in Crl.OP.No.395 of 2025 Vs.
State, Rep. by The Inspector of Police P-6, Kodungaiyur Police Station Chennai (Crime No.748 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.748 of 2024 on the file of the respondent Police. For Petitioners :
Mr.R.C.Paul Kanagaraj in Crl.OP.No.31916 of 2024 Mr.M.Jaikumar in Crl.OP.No.382 of 2025 Mr.G.Mohana Krishnan in Crl.OP.No.395 of 2025 1/6
For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) C O M M O N O R D E R Petitions seeking bail in respect of Crime No.748 of 2024 registered for the offences punishable under Sections 8(c) r/w.22(c), 25 & 29(1) of the NDPS Act, 1985 is on board for consideration. 2.The incarceration of the petitioners being from 23.10.2024, 27.10.2024 & 23.10.2024 respectively, pleading innocence on the part of the petitioners and false implication in the case, the learned counsels for the petitioners seek the indulgence of this Court. They also submit that, aside from the confession statement recorded from the first accused, from whom the contraband was seized, there is no other material to implicate these petitioners in this case. They also submit that the petitioners, without prejudice to the defence and contention, are ready and willing to deposit the following amount to any welfare scheme of the Government or any other organization: 31916 of 2024 A5 Rs.10,000/- 3.The case of the prosecution, as putforth by the learned Government 2/6
Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that A1 to A6 were found in a car bearing registration No. TN 10 AS 3477, in which 245 grams of Methamphetamine were discovered. Based on A1's confession statement, the other accused were implicated in this case. The investigation further reveals that the first petitioner purchased the contraband and was selling it through A3 to A6. The learned Government Advocate (Crl. Side) further submits the details of recovery made from the petitioners and previous cases against the petitioners as follows:
Petitioner's rank Recovery Previous case 31916 of 2024 A5 No No No No No One 4.Considering the voluntary submission made by the learned counsels for the petitioners, the petitioners are directed to deposit the amount mentioned as follows to the credit of the "District Legal Services Authority, Chennai District" without prejudice to their right of defence before the Trial Court and making it clear that it would not amount to admission of guilt: 31916 of 2024 A5 3/6
Rs.10,000/- 5.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioners, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction as follows:
Petitioner's rank Bail to the satisfaction of 31916 of 2024 A5 Learned X Metropolitan Magistrate, Egmore Principal Special Court under EC and NDPS Act, Chennai Learned X Metropolitan Magistrate, Egmore [a] the sureties shall affix their photographs and Left 4/6
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 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 of B.N.S. 29.01.2025 sai 5/6
A.D.JAGADISH CHANDIRA, J.
sai To 1.The Presiding Officer, Principal Special Court under EC and NDPS Act, Chennai 2.The X Metropolitan Magistrate, Egmore 3.The Inspector of Police, P-6, Kodungaiyur Police Station Chennai 4.The Superintendent, Central Prison, Puzhal, Chennai 5.The Superintendent, Central Prison, Puzhal II, Chennai 6.The Public Prosecutor, High Court of Madras.
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