Saritha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.26994 of 2025 Saritha ... Petitioner Vs.

The Inspector of Police, PEW, Adyar, Police Station, Chennai.

... Respondent (Cr.No.125 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.125 of 2025 pending on the file of the respondent police. For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.06.2025 for the alleged offence under Section 8(c), 20(b)(ii)(C), 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.125 of 2025 on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that based on the secret information went to the place of occurrence and the respondent police found that the petitioner along with others were in illegal possession of 6kgs of ganja and they were caught hold by the respondent police. Hence, the present complaint has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and she has been falsely implicated in this case. He further submitted that he is in judicial custody from 15.06.2025 and she is ready to abide by any stringent conditions that may be imposed by this Court and also ready to co-operate for investigation. He further submitted that co-accused were already released on bail by this Court in Crl.O.P.Nos.23239 of 2025 and 27037 of 2025 dated 10.09.2025 and 14.10.2025 respectively. Hence, he prayed for grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and on instructions, reported that totally six accused in this case and that the petitioner is ranked as A3. He further submitted that investigation in this case is completed and 2/6

based on the confession statement of co-accused, it revealed that as per the instruction of A5/Harish, A1 to A4 bought the contrabands from A6/Srinu at Odisha and sell the same for personal gain. He further submitted that from this petitioner, 7kgs of contraband (non Commercial Quantity) was seized and that the petitioner has no previous bad antecedents. Hence, he opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and taking note of the fact that investigation is completed; nature of allegation; period of incarceration; previous antecedents; similarly placed co-accused already released on bail, this Court is of the view that petitioner is also entitled for bail, on the ground of parity. Hence, this Court is inclined to grant bail to the petitioner subject to certain conditions.

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 Metropolitan Magistrate-XVIII, Saidapet and on further conditions that:

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[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 three 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22.10.2025 Vv Note :

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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 Metropolitan Magistrate-XVIII, Saidapet

2. The Inspector of Police, PEW, Adyar, Police Station, Chennai.

3. The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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Vv Crl.O.P.No.26994 of 2025 22.10.2025 6/6