Thennavan v. The State Of Tamil Nadu Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Thennavan 2.Rajendra Patra Petitioner(s) Vs The State of Tamil Nadu Rep by, The Inspector of Police, PEW - Police Station, Vellore District.
Cr.No.129/2025.
Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioners on bail in Cr.No.129/2025 on the file of the respondent. For Petitioner(s):
Mr.C.Deepakkumar For Respondent(s):
Mr.A.Gopinath, GA (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 23.09.2025, for the alleged offence punishable under Sections 8(c) read with
Section 20(b)(ii)(B) & 29(1) of NDPS Act in Crime No.129 of 2025, on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioners herein were found in possession of 5 Kgs of Ganja. Hence, the present complaint.
3. Learned counsel appearing for the petitioners submitted that the petitioner are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and they are in judicial custody from 23.09.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.
4.The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the prosecution case and stated that the 2 nd petitioner is hailing from Orissa and he has no previous antecedents; that the 1 st petitioner is having one previous case; that the
total quantity of contraband involved in this case is of intermediate quantity; and that the investigation of this case is pending. Therefore, he opposed for grant of bail to the petitioners.
5. Heard both sides and perused the materials available on record including the First Information Report.
6.
Considering the facts of the case, the quantity of contraband nd petitioner has no previous antecedents, he has no involved in this case, the 2 case under NDPS Act and considering the period of incarceration undergone by nd petitioner with certain the petitioner, this Court is inclined to grant bail to the 2 st petitioner is concerned that he is having one conditions. As far as the 1 previous previous case and hence this Court is not inclined to grant bail to the st petitioner.
7. Accordingly, the 2 nd 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 Judicial Magistrate No.1, Vellore 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 2 nd petitioner shall report before the respondent police everyday at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation; nd petitioner shall not abscond either during [c] the 2 investigation or trial;
[d] the 2 nd 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 2 nd petitioner in accordance with law as if the conditions have been imposed and the 2 nd 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.
8. This Criminal Original Petition is dismissed in respect of first petitioner.
30-10-2025 Gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.
To 1.The Inspector of Police, PEW - Police Station, Vellore District.
2. The Judicial Magistrate No.1, Vellore.
3. The Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 29600 of 30-10-2025