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Madras High CourtCRL OP/31042/2025closed

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

2026-01-21Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.31042 of 2025 Yuvaraj ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, PEW Tambaram Police Station, Tiruvallur District.

(Crime No.5 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in C.C. No.526 of 2024 on the file of the I Additional EC and NDPS Act Cases Court, Chennai.

For Petitioner(s) :

Mr. R. Thamarai Selvan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.01.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25 and 29(1) of NDPS Act, 1985 in C.C. No.526 of 2024 on the file of the I Additional EC and NDPS Act Cases Court, Chennai, seeks bail. This is the successive bail application of the petitioner herein and the earlier bail application of the petitioner in Crl.O.P.No.3402 of 2025 was dismissed by this Court for the following reasons:

"2. The petitioner earlier filed a bail petition before this Court in Crl.O.P.No.23619 of 2024 and the points raised herein are already considered by this Court and by order dated 18.10.2024, rejected the relief of bail and there is no change in circumstances after the dismissal of the earlier bail petition filed by the petitioner."

2.

When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that, this is the successive bail application filed before this Court on the ground that, the P.W.1 and P.W.2 in this case were now examined before the Trial Court and their evidence support the defense of the petitioner herein to substantiate his claim that he is not guilty of the aforesaid offence, hence prays to grant bail to the petitioner. 2/4

3.

Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

4.

I have considered the submissions made, the fact that the point raised herein by the learned counsel for the petitioner for seeking bail was not raised before the Trial Court, hence it would be appropriate for the Trial Court to consider and appreciate the same as it is the Court of first instance. I am also of the view that, if this Court render finding regarding the evidence adduced by the witnesses before the Trial Court, it would cause prejudice to the interest of the petitioner herein.

5.

Considering the above facts, this Court is of the view that the petitioner is at liberty to approach the concerned Trial Court for the relief of bail and on filing of the bail petition by the petitioner, the Trial Court shall take decision on that petition independently, without influence by any of the previous order passed by this Court in this case. K. RAJASEKAR, J.

stn 6.

In view of the above, this criminal original petition is closed. 3/4

21.01.2026 stn To

1. The I Additional Judge, I Additional EC and NDPS Act Cases Court, Chennai.

2. The Inspector of Police, PEW Tambaram Police Station, Tiruvallur District.

(Crime No.5 of 2024)

3. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.31042 of 2025 4/4