M.Periyadurai v. State Of Tamilnadu 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 M.Periyadurai Petitioner(s) Vs State of Tamilnadu rep by the Inspector of Police G-2, Periyamet Police Station, Chennai. Cr.No.286 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail pending in Cr.No.286 of 2025 on the file of the respondent police Chennai.
For Petitioner (S): Mr.K.Mohan For Respondent(s):
Mr.A.Gopinath, GA (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 12.06.2025, for the alleged offence punishable under Sections 8(c) read with Section 22(c) and 29(1) of NDPS Act in Crime No.286 of 2025, on the file of
the respondent police, seeks bail.
2.
The case of the prosecution is that on 29.05.2025, 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 1.541 kilograms of Methaqualone. Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the alleged contraband seized is not a narcotic substance; that the petitioner has been moved a bail application before the Principal Special Court under EC & NDPS Act, Chennai, in Crl MP No.3763/2025 and the same was dismissed; that the petitioner is in judicial custody since 12.06.2025; 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 prosecution case and reported that the chemical analysis test on the sample, reveals the presence of 'Tapentadol', which is not covered under Narcotic Drugs and Psychotropic Substances Act, 1985. He further submitted that co-accused Naresh/A2 & S.Rajesh/A5 were granted bail in Crl OP Nos.23300 & 26082 of 2025 dated 15.10.2025; Vijayakumar @ Manikandan/A1 was granted bail in Crl OP No.28489 of 2025 dated 17.102025; and Kumar/A4 was granted bail in Crl OP No.28751 of 2025 dated 23.10.2025.
5.
Considering the facts and circumstances of the case, the contraband involved in this case is not a narcotic substance and the co-accused have been arrested and subsequently released on bail, 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.15,000/- (Rupees Fifteen Thousand only)
with two sureties each, for a like sum to the satisfaction of the learned Principal Special Judge, EC & NDPS Act Cases 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; [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.
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 G-2, Periyamet Police Station, Chennai.
2. The Principal Special Judge, EC & NDPS Act, Cases.
3. The Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
gbi CRL OP No. 29587 of 30-10-2025