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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.29292 of 2025 Pratheesh ... Petitioner Vs.

The State represented by The Inspector of Police, Katpadi Police Station, Vellore District.

... Respondent (Cr.No.350 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Cr.No.350 of 2025 on the file of the respondent police.

For Petitioner : Mr.S.Thirugnanam For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 14.09.2025 for the alleged offence under Sections 8(C), r/w 20(b), 25 and 29(1) of NDPS Act in Crime No.350 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 joining hands with other accused involved in possession and transportation of 4 grams of Methamphetamine (intermediate quantity). Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the seized quantity of contraband involved in this case is an intermediate quantity. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by the this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that totally there are three accused involved in this case, the petitioner herein arrayed as a A1. He further reported that the seized contraband is not a commercial quantity and rigors of Section 37 of NDPS Act is not applicable to this case. However, he opposed to grant 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, the period of incarceration and the seized quantity of contraband involved in this case is an intermediate quantity, I am 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Special Judge (Exclusive Trial of EC and NDPS Act Cases), Salem 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 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. 28.10.2025 Vv 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 Judge (Exclusive Trial of EC and NDPS Act Cases), Salem

2. The Inspector of Police, Katpadi Police Station, Vellore District.

3. The Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.29292 of 2025 28.10.2025 6/6