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Madras High Court/30871/2025granted

Uday Raj v. State Represented By

2025-11-126 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Uday Raj Petitioner Vs The State, represented by The Inspector of Police T5 Vanagaram Police Station Chennai - 600 107 Crime No. 255 of 2025.

....Respondent Prayer: Criminal Original Petition is filed under Section 482 of BNSS, 2023, praying to grant anticipatory bail to the petitioner in the event of his arrest by the respondent police in Crime No. 255 of 2025 pending investigation on the file of the respondent police.

For Petitioner : Mr.Xavier Felix For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 22(b), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No. 255 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with others were in possession of 3 grams of Methamphetamine on 29.10.2025 and the same was seized by the respondent police from one Dhanush and he was arrested. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that investigation is pending and no previous case is pending against the petitioner. He further submits that no property has been recovered from the petitioner and he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the intermittent quantity, no previous case is pending against the petitioner, the submissions made by the learned Counsel on either side and no property has been recovered from the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Principal Special Judge for NDPS & EC Act Cases at Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties (out of which, one blood surety should be furnished) each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:- (a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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; [c] the petitioner shall report before the respondent Police as and when required for interrogation;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.11.2025 MSM Copy to:

1. The Principal Special Judge for NDPS & EC Act Cases at Chennai.

2.The Inspector of Police T5 Vanagaram Police Station Chennai - 600 107 Crime No. 255 of 2025.

3.The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI

MSM 12.11.2025