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Madras High CourtCRL OP/32832/2025granted

Pradeep v. State Rep By

2025-12-01Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Pradeep ... Petitioner -VsState Rep by, The Inspector of Police, T-7, Otteri Police Station, Chengalpattu District.

(Crime No.610 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.610 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.M.Mahendran For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 1/7

29.09.2025, for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii) and 29(1) of NDPS Act, in Crime No.610 of 2025, on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that the petitioner joined hands with other accused, was involved in the transportation and possession of 1.100 kgs of ganja. Hence the complaint was lodged and the petitioner was arrested and is in judicial custody from 29.09.2025.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case, since he is having some bad antecedents under IPC offence. He further submitted that the co-accused was released on bail by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally two accused in this case and that the petitioner is ranked as A2. He further submitted that the petitioner has six previous cases including one murder case and another under the NDPS Act, and that the investigation is still pending. However, he opposes to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record 3/7

including the First Information Report.

6. Considering the fact that the petitioner is in judicial custody from 29.09.2025, the fact that the co-accused was released on bail by this Court in Crl.OP.No.30989 of 2025 and though it is stated that the petitioner is involved in six previous cases and considering the quantity involved in this case, 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Chengalpattu and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; 4/7

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

01.12.2025 drl Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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.II, Chengalpattu.

2.The Inspector of Police, T-7, Otteri Police Station, Chengalpattu District.

3.The Superintendent, District Jail, Chengalpattu 4.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J.

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