Dharvesh Musharaf v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.10.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Crl.O.P.No.27195 of 2025 Dharvesh Musharaf ... Petitioner Vs.

The State Represented by the Inspector of Police, E2 - Royapettah Police Station, Chennai, Tamil Nadu.

(Crime No.04 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Crime No.04 of 2025 pending investigation on the file of the respondent Police.

For Petitioner : Mr.G.Mohana Krishnan For Respondent : Ms.V.J.Priyadarsana Government Advocate(Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 11.08.2025, for the alleged offence punishable under Sections 8(c) r/w 22(b) of NDPS Act, 1985, in Crime No.04 of 2025, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner along with other accused were found to be in illegal possession of 10 Nos of MDMA tablets weighed 5.25 grams, 11 grams of Amphetamine and 0.66 grams of Methamphetamine. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 11.08.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

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6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also considering the nature of offence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned 18th Metropolitan Magistrate, Saidapet 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 petitioner shall report before the respondent police daily at 10.30.a.m., until further orders: [c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with the 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 petitioner in accordance with law as if the 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

03.10.2025 sma/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 official website of this Court will be watermarked and will also have a QR code.

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To

1. The 18th Metropolitan Magistrate, Saidapet.

2. The Inspector of Police, E2 - Royapettah Police Station, Chennai, Tamil Nadu.

3. Sub Jail, Saidapet, Chennai.

4.The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR, J.

sma/kmm Crl.O.P.No.27195 of 2025 Dated: 03.10.2025 6/6