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Madras High CourtCRL OP/35426/2025granted

Lailathul Pathavivya v. The State Represented By

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Lailathul pathavivya W/o. Mohammed Sikkander, No.47/107, Shek Mesthiri Street, Royapuram, Chennai-39.

Petitioner(s) Vs

1. The State represented by Inspector of Police, B-2, Esplanade Police Station, Chennai. Crime No.312 of 2025 Respondent(s) PRAYER to enlarge the Petitioner on bail in connection with the Crime No.312 of 2025 on the file of the Respondent Police and pass such order or further order For Petitioner(s):

M/s.D. PADMANABHAN For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner was arrested and remanded to judicial custody on 05.11.2025, for the alleged offence punishable under Sections 8(c), 20(b), 25, 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.312 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the information received from the secret informer regarding the illegal sale of Methamphetamine, the respondent police arrived at the crime place and secured 2 grams of Methamphetamine. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and is no way connected with the alleged offence. He would further submitted that the petitioner was arrested and has been in judicial custody since 05.11.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that 2 grams of Methamphetamine contraband was seized. He further submitted that the petitioner has no previous case.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offences and the quantity of contraband

involved in this case, which does not fall under commercial quantity and there is no previous case is pending against the petitioner and also considering the period of her incarceration undergone by her, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the VII Metropolitan Magistrate Court, George Town at Chennai, and on further conditions that:- [b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or

tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26-12-2025 AT 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 represented by Inspector of Police, B-2, Esplanade Police Station, Chennai. Crime No.312 of 2025.

2.The VII Metropolitan Magistrate Court, George Town at Chennai.

3.The Superintendent, Central Prison, Puzhal - II, Chennai.

4.The Public Prosecutor High Court of Madras.

P.DHANABAL J.

AT/MPA CRL OP No. 35426 of 26-12-2025