Prabhu v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.29163 of 2025 Prabhu ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, F-1, Chindharipet Police Station, Chennai.

(Crime No.561 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.561 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. A. Ajithkumar For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.09.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 in Crime No.561 of 2025, registered on the file respondent police, seeks bail.

2.

The case of the prosecution is that on 09.09.2025, based on a secret information, the respondent police went to the spot and found that the petitioner and other accused were in illegal possession of 1.300 kilograms of ganja. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 09.09.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the 2/6

prosecution case and stated that there are totally two accused involved in this case and the petitioner is arrayed as A1; that the petitioner has 10 previous cases under IPC offence and he is a History sheeter; and that the investigation is pending.

5.

Considering the facts and circumstances of the case, nature of allegation, the previous cases registered under the petitioner are hurt cases and the petitioner has no previous cases under NDPS Act and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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 each, for a like sum to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore, 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 3/6

of the identity proofs to ensure their identity; [b] the petitioner shall report before the learned XIV Metropolitan Magistrate, Egmore, Chennai daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for interrogation by the respondent police;

[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. 27.10.2025 stn 4/6

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 XIV Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, F-1, Chindharipet Police Station, Chennai.

(Crime No.561 of 2025)

3. The Superintendent, Central Prison, Puzhal -I, Chennai.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.29163 of 2025 27.10.2025 6/6