Gajendran v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.OP.No.28064 of 2025 Gajendran ... Petitioner Vs.
State rep. By:
The Inspector of Police, R-3 Ashok Nagar Police Station, Ashok Nagar,Chennai - 600 083.
... Respondent Crime No.196 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No.196 of 2025, on the file of the respondent police.
For petitioner : Mr.G.Mohana Krishnan For Respondent : Mr.A.Gopinath, Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested on 01.06.2025, seeking bail in Crime No.196 of 2025, registered for the offences under Sections 8(c), 22(b), 29 (1) of the NDPS Act.
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2. The case of the prosecution is that the petitioners along with other accused was found to be in illegal possession of 19.58 grams of cocaine and one I-phone. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was detained under Act 14 of 1982 and thereafter, detention order was revoked and that the petitioner is in Judicial Custody from 01.06.2025. He would also submit that the coaccused/A2 to A4 in this case was enlarged on bail by this Court in Crl.O.P.No.19108 of 2025 . Hence, he seeks bail to the petitioner.
4. The learned Government Advocate (Crl Side) submitted that, investigation in this case almost completed and co-accused - A2 to A4 had been released on bail in Crl.O.P.No.19108 of 2025 dated 08.07.2025. However, he opposed to grant bail to the petitioner.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
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6. Considering the nature of allegations, period of incarceration and the fact that the co-accused who are arrayed as accused Nos.2 to 4 who are similarly placed with the petitioner are already granted bail by this Court. Hence 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, each for a like sum to the satisfaction of the XVII Metropolitan Magistrate, Saidapet, 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 daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;
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[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. 14.10.2025 Index : Yes/No Speaking Order/Non Speaking Order kmm Page No.4 of 6
To
1. The Inspector of Police, R-3 Ashok Nagar Police Station, Ashok Nagar,Chennai - 600 083.
2. The Public Prosecutor, Madras High Court, Chennai.
3. The Superintendent of Prison, Central Prison, Puzhal, Chennai.
4. The XVII Metropolitan Magistrate, Saidapet, Chennai. Page No.5 of 6
K.RAJASEKAR, J.
kmm Crl.OP.No.28064 of 2025 14.10.2025 Page No.6 of 6