Deva v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR DEVA Petitioner(s) Vs The State Rep By The Inspector Of Police Sundarapuram Police Station, Coimbatore. (crime No . 545/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.545 of 2025 dated 23.10.2025 For Petitioner(s):
Mr.Tamizhanban V.
For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 23.10.2025 for the alleged offence under Sections 8(c) and 20(b)(ii)(A) of NDPS Act, 1985 and Section 123 of BNS, 2023, in Crime No.545 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 of 500 grams 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 there is no
previous cases pending against him and the contraband seized is of intermediate quantity. He further submitted that the investigation in this case is pending. 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 small quantity, and since 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 District Munsif-cum-Judicial Magistrate Court, Madukkarai 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.The State Rep By The Inspector Of Police Sundarapuram Police Station, Coimbatore. (crime No . 545/2025) 2.The District Munsif-cum-Judicial Magistrate Court, Madukkarai.
3.The Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 33205 of 03-12-2025