Anshad v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Anshad Petitioner(s) Vs State Rep by The Inspector of Police, PEW Triplicane Unit, Chennai Crime No.128 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitoner on bail pending investigation in Cr.No.128 of 2025 on the file of the respondent and thus render justice For Petitioner(s):
M/s.S.Prabudoss
For Respondent:
Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 24.10.2025 for the alleged offence under Sections 8(c) and 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 in Crime No.128 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner alleged to have involved in possession and transportation of 4.100 kg of ganja. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by the this Court. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that petitioner belongs to Kerala and there is no previous cases pending against him. He further submitted that the investigation in this case is pending and if the petitioner is released on bail, there is every possibility of absconding and difficult to secure him. Hence, he opposed to grant 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 period of incarceration, the seized quantity involved in this case is an intermediate quantity, and the investigation is pending, I am 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.25,000/- (Rupees Twenty Five Thousand
only) with two sureties, for a like sum to the satisfaction of the learned XVI MM GT at Chennai 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 at 10.30 a.m for a period of three weeks 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
03-12-2025 gbi 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.State Rep by The Inspector of Police, PEW Triplicane Unit, Chennai Crime No.128 of 2025 2.The XVI MM GT, Chennai.
3.The Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 33145 of 03-12-2025