G.Abinesh v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR G.Abinesh ... Petitioner -vsState Rep by, The Inspector of Police, F1, Gummudipoondi Police Station, Thiruvallur District.

(Crime No.132 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.132 of 2025 on the file of the respondent police.

For Petitioner :

Mr.P.Veera Narayanan For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.08.2025, for the alleged offence punishable under Sections 296(b), 132, 351(3) of BNS Act under section 25(1A) of Arms Act and 8(c) r/w. 20(b)(ii)(B) , 25 and section 29(1) of NDPS Act in Crime No.132 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he joined hands with other accused involved in transportation of 1 kilo and 500 grams of ganja. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner has been implicated in this case only based on the confession statement of the co-accused and though the previous cases were cited, the other cases are not NDPS cases. He further submitted that the petitioner is in custody for nearly two months and prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reported that the quantity seized herein is intermediate quantity and the petitioner is having 3 previous cases and the investigation in this case is pending. Hence, he 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. I have gone through the list of previous cases. Co-accused was released on bail and the petitioner has been implicated in this case based on the confession statement of the arrested accused. Further, considering the period of incarceration of the petitioner, I am 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.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Gummudipoondi, 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., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or 3/6

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.

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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.

To 1.The District Munsif Cum Judicial Magistrate, Gummudipoondi. 2.The Inspector of Police, F1, Gummudipoondi Police Station, Thiruvallur District.

3.The Superintendent of Police, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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