Bakiru Chinna v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Bakiru Chinna Petitioner(s) Vs

1. State rep by The Inspector of Police, H-6 RK Nagar Police Station, Chennai Crime No.646 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlargement of the petitioner on bail in Crime No.646 of 2025 in the file of the respondent police here in above case and pass further or orders For Petitioner(s):

M/sv.Karthick For Respondent(s):

Mr.L.Baskaran Government Advocate Crl.side

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.10.2025, for the alleged offence punishable under Section 8(c) r/w 22(b) and 29(1) of the NDPS Act, 1985 in Crime No.646 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused was found in possession of 80 number of Nitrazepam tablets, which is weighing 58 grams (intermediate quantity). Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the seized contraband from the petitioner is an intermediate quantity and that the petitioner was arrested and he is in judicial custody from 30.10.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally three accused in this case.

A3 who is the supplier of the contraband is still absconding. He further submitted that the co-accused has already granted bail by this Court in Crl Op No.32909 of 2025 dated 02.12.2025 and the investigation in this case is pending. Hence, he opposed for grant of bail to the petitioner. 5.Heard both sides and perused the materials available on record including the FIR.

6.Considering the submissions made by the learned counsel on either side, the period of incarceration undergone by the petitioner, the fact that the seized contraband is only intermediate quantity and that there are no previous cases pending against him, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town 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 daily at 10.30.a.m., for a period of three 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.

12-12-2025 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, H-6 RK Nagar Police Station, Chennai Crime No.646 of 2025 2.The XV Metropolitan Magistrate, George Town at Chennai.

3.The Chennai Central Prison, PuzhalII, 4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 34127 of 12-12-2025