Ashok Kumar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.29718 of 2025 Asho Kumar ... Petitioner Vs.

The State Rep. by The Inspector of Police, Tiruppur Central Police Station, Tiruppur.

... Respondent (Cr.No.439 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.439 of 2025 on the file of the respondent police.

For Petitioner : Mr.P.Thinesh 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 30.09.2025 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 in Crime No.439 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner joining hands with other accused involved in possession of 2 kgs of Ganja (Intermediate 1/6

Quantity). Hence, the present case.

3. The learned counsel for the petitioner would submit that the petitioner had not committed in any offence as alleged and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 30.09.2025 and he is ready to abide any condition imposed by this Court. Hence, prayed to enlarge the petitioner on bail.

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 and the petitioner herein has been arrayed as A2. He would further submit that the petitioner is having four previous cases for the offences under Sections 307, 506(ii) and 324 of IPC and also for misusing and Drugs Act. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. I have gone through the previous cases. However, in the present case, recovery has been made only from A1. Therefore, considering the facts and circumstances of the case and the period of incarceration and also the quantity of contraband involved in this case, I am inclined to grant bail to the petitioner with certain conditions.

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7. 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Tiruppur 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 trial Court on daily at 10.30 a.m., and 4.30 p.m., for a period of one month 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];

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K.RAJASEKAR , J.

kmm [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 31.10.2025 kmm 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 Judicial Magistrate No.2, Tiruppur

2. The Inspector of Police, Tiruppur Central Police Station, Tiruppur.

3. The District Prison, Tiruppur.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.29718 of 2025 4/6