Jagadesan v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Jagadesan Petitioner/A1 Vs The Inspector of Police, Nallur Police Station Tiruppur City Crime No. 623 of 2023.
Respondent PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in connection with the case in Crime No. 623 of 2025 on the file of respondent police and thus render justice For Petitioner : Mr.M.Kruthika For Respondent :
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 26.10.2025, for the offence punishable under Sections 8(c), 20(b)(ii)(B), 25 of
the NDPS Act, 1985 in Crime No. 623 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused persons were found in possession of 1.172 kgs of Ganja and the same was seized and he was arrested by the respondent police. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case, and he has been in custody since 26.10.2025. He further submitted that the petitioner has no previous case. Hence, he prays to grant bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that 1.172 kgs of Ganja was seized from the petitioner and he is not having any previous case. However, he strongly opposed the grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, the submissions made by the learned counsels on either side; that the property has been recovered; that the petitioner has no previous case and taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:
7. Accordingly, the 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 Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act/NDPS Act Cases, Coimbatore, 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 for a period of four weeks, and thereafter as and when required for interrogation;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
24-11-2025 MSM 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.The Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act/NDPS Act Cases, Coimbatore, 2.The Inspector of Police, Nallur Police Station Tiruppur City, Crime No. 623 of 2023.
3.The Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
MSM CRL OP No. 32028 of
24-11-2025