Mariya James Irudhayaraj v. State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Mariya James Irudhayaraj ... Petitioner/ Accused No.1 Vs.
The State represented by The Inspector of Police, P-2 Otteri Police Station, Chennai District.
(Crime No.749 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.749 of 2025 pending on the file of the respondent Police. For Petitioner :
Mr.R.Parthiban For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 04.11.2025, for the offence punishable under Sections 8(c), 20(b)(ii)(B) of NDPS Act, 1985 & Section 25(1-A) Arms in Crime No.749 of 2025, registered on the file of the respondent, seeks bail. 1/6
2. The allegation against the petitioner is that the petitioner along with other accused were found in possession of 1.3 kgs of ganja. 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. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the seized quantity is not a commercial quantity. He further submitted that, petitioner has four previous cases. However, he opposed for grant of bail to the petitioner.
5. Considering the fact that the contraband involved in this case is not a commercial quantity, this Court is inclined to grant bail to the petitioner with certain conditions:
6. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.X, Egmore and on further conditions that: 2/6
[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 3/6
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. 16.12.2025 sma 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.
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To
1. Judicial Magistrate No.X, Egmore.
2.The Inspector of Police, P-2 Otteri Police Station, Chennai District.
3.The Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR, J.
sma 16.12.2025 6/6