Kaleeshwaran Raja v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27139 of 2025 Kaleeshwaran Raja ... Petitioner Vs.
Union of India Represented by, The Superintendent of Customs, Prosecution Unit Airport, New Customs House, Meenambakkam, Chennai.
... Respondent (R.R.No.25 of 2025 in O.S.No.37 of 2025-INT AIR & O.S.No.630 of 2025-AIU-"A") PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in R.R.No.25 of 2025 in O.S.No.37 of 2025-INT AIR & O.S.No.630 of 2025AIU-"A" on the file of the respondent police. For Petitioner : Mr.S.N.Arunkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 21.08.2025 for the alleged offence under Sections 8(c) r/w 23, 28 and 29 of NDPS Act, 1985 in R.R.No.25 of 2025 in O.S.No.37 of 2025-INT AIR & O.S.No.630 of 2025-AIU-"A" on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 3.966 Kilo grams of ganja. Hence, the case was registered against the petitioner.
3. The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 21.08.2025. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.side) would submit that the petitioner was found in possession of 3966 grams of ganja. He further submit that no previous case is pending against this petitioner. Hence, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by learned counsels on either side and considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. 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 Special Court under EC & NDPS Act, 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 for a period of three weeks and thereafter, as and when required for interrogation; 3/6
[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.
10.10.2025 kmm 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 Special Court under EC & NDPS Act, Chennai
2. The Union of India, The Superintendent of Customs, Prosecution Unit Airport, New Customs House, Meenambakkam, Chennai.
3. The Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR , J.
kmm Crl.O.P.No.27139 of 2025 10.10.2025 6/6