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Madras High CourtCRL OP/34132/2025granted

Sakthivel v. The Inspector Of Police

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 34132 of 2025 Sakthivel/A8 ... Petitioner Vs.

The State represented by The Inspector of Police F-3, Nungambakkam Police Station Chennai District Crime No. 411 of 2025.

... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 411 of 2025 on the file of the respondent police. For Petitioner : Mr.P.K.Shiva Nagesh For Respondent : Mr.L.Baskaran Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.10.2025 for the offences punishable under Section 8(c) r/w 22(b) and 29(1) of NDPS Act, 2023 in Crime No. 411 of 2025 registered on the file of the respondent police.

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2. The allegation against the petitioner is that the petitioner is ranked as A8 in this case. On 17.07.2025, at about 6.30 hours, A1 was intercepted by the respondent police on prior information, the petitioner joining hands with other accused were in possession of 2 grams of Methamphetamine and 4 grams of OG Ganja for sale and the same were recovered. The statement of A1 revealed the involvement of other accused including this petitioner. It is further revealed that he used to purchase the Methamphetamine from the petitioner and others and subsequently, the petitioner was arrested on 29.10.2025.

3. The learned counsel for the petitioner submits that the petitioner herein has been falsely implicated in this case based on the confession statement of A1 and a total of 22 grams Methamphetamine was seized in this case and it is the case of intermediate quantity and he has no bad antecedent and he is in judicial custody from 29.10.2025. He further submits that the petitioner is ready to abide any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and 2/7

submitted that it is the case of intermediate quantity and it is further alleged that the petitioner is the main person who used to supply the contraband to the other accused and the petitioner was arrested. He further submits that no recovery was effected and he opposed for grant of bail to the petitioner.

5. Considering the fact that it is the case of intermediate quantity, and the period of incarceration of the petitioner from 29.10.2025 and it is also stated that the petitioner is not involved any other previous case, hence, I am inclined to grant bail to the petitioner with certain conditions:-

6. 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 XIV Metropolitan Magistrate, Egmore, 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; 3/7

[b] that the petitioner shall report before the respondent police daily at 10.30 am for a period of six 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.

11.12.2025 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.

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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.

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To 1.The XIV Metropolitan Magistrate, Egmore, Chennai.

2.The Central Prison, Puzhal, Chennai.

3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police F-3, Nungambakkam Police Station Chennai District Crime No. 411 of 2025.

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K.RAJASEKAR J.

MSM Crl.O.P.No.34132 of 2025 12.12.2025 7/7