Dineshraj v. The State Rep By Its,
Crl.O.P.No.35870 of 2025 P.DHANABAL,J.
This Criminal Original Petition is listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.
2. When the petition is taken up for hearing, the learned counsel appearing for the petitioner would submit that in Paragraph No.6 of the order passed in Crl.O.P.No.35870 of 2025 dated 26.12.2025, it has been recorded that there are five cases pending against the petitioner and in all the cases, he was granted bail, but there are no previous cases pending against the petitioner, therefore, prayed to delete that portion alone from the order.
3. This Court, on the date of passing order, after hearing the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), recorded the same and if the petitioner intends to delete that portion from the order, he is at liberty to file a petition on that regard. This petition is clarified accordingly.
27.01.2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL Dineshraj Petitioner(s) Vs The State Rep By Its, The Inspector of Police, V-5 Thirumangalam Police Station, Anna Nagar, Chennai.
Cr.No.750 of 2025 Respondent(s) PRAYER:- Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in connection with the case in Cr.No.750 of 2025 on the file of the respondent police.
For Petitioner(s):
Mr.A. Afrin For Respondent(s):
Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
ORDER
The petitioner / Accused-5, who was arrested and remanded to judicial custody on 06.12.2025 for the offences punishable under Sections 8(c), r/w. 22(b) of the NDPS Act @ 20(b)(ii)(A), and 22(b) of NDPS Act, 1985 in Cr.
No.750 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner /A5 along with other accused persons entered into a conspiracy for illicit transporation and sale of contraband. Further pursuant to the said criminal conspiracy, they had possessed 4 numbers of LSD Stamps weighing 0.040 grams and 10 grams of OG Ganja for sale and the same had been seized by the respondent police. Hence the case.
3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner for the offences punishable under Sections 8(c), r/w. 22(b) of the NDPS Act @ 20(b)(ii) (A), and 22(b) of NDPS Act, 1985 and he was arrested and remanded to judicial custody on 06.12.2025. According to the prosecution, the petitioner had illegally possessed LSD Stamps weighing 0.040 grams and 10 grams of OG ganja. In fact, the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. This case has been foisted against the petitioner for statistical purpose. The earlier bail applications were dismissed. Therefore prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that petitioner along with other accused have possessed LSD Stamps weighing 0.040 grams and 10 grams of OG ganja and bail petition filed by the petitioner was
dismissed. This petitioner is A5 and if he is released on bail, he may abscond and would commit similar kind of offences. Hence, he strongly opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, considering the fact that no contraband was recovered from this petitioner, and though five cases are pending against the petitioner, in all the cases, he was granted bail, the quantity involved in this case is not a commercial quantity and the petitioner was arrested and is in judicial custody from 06.12.2025, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned Principal Special Court under EC & NDPS Act, Chennai and on further conditions that:
[b] the petitioner shall report before the concerned NDPS Court on all working days at 10.30 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she 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 her 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 B.N.S.2023.
26-12-2025 kkn/smv 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 Inspector of Police, V-5 Thirumangalam Police Station, Anna Nagar, Chennai.
2.The Central Prison, Puzhal, Chennai.
3.The Principal Special Court under EC & NDPS Act, Chennai.
4.The Public Prosecutor, Madras High Court, Chennai.
P.DHANABAL J.
KKN/SMV CRL OP No. 35870 of 26-12-2025