Sathish Kumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Sathish Kumar Petitioner(s) Vs

1. The State Rep By Its, The Inspector of Police, N-1 Royapuram Police Station, Chennai District Cr.No.704 of 2025 Respondent(s) PRAYER To enlarge the petitioner herein on bail in connection with the Cr.No.704 of 2025 for an alleged offence under section 8(c) r/w. 20(b) (ii) (B) and 29 (1) of the NDPS ACT, on the file of respondent police. For Petitioner(s):

V. Karthick For Respondent(s):

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

ORDER

The petitioner / Accused-2, who was arrested and remanded to judicial custody on 15.11.2025 for the offences punishable under Sections 8(c), 20(b)(ii) (B) and 29(1) of NDPS Act, 1985 in Cr. No.704 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with three others was found with illegal possession of two kilograms of ganja at Royapuram OSH Road on 15.11.2025. 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), 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 and he was arrested and remanded to judicial custody on 15.11.2025. 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. Therefore, prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner along with three others was found with illegal possession of two kilograms of ganja at Royapuram OSH Road on 15.11.2025, hence case was registered against the accused and they were arrested. The petitioner has two previous cases and investigation is pending and the offences are grave in nature. 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 the petitioner was granted bail in two previous cases, the quantity involved in this case is not a commercial quantity and the petitioner is in judicial custody since 15.11.2025, I am 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 XVI Metropolitan Magistrate, George Town, 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 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 B.N.S.2023.

26-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The State Rep By Its, The Inspector of Police, N-1 Royapuram Police Station, Chennai District Cr.No.704 of 2025

2. The Public Prosecutor, Madras High Court, Chennai.

3. The XVI Metropolitan Magistrate, George Town, Chennai.

4. Central Prison, Puzhal - II.

P.DHANABAL J.

ab CRL OP No. 35748 of 26-12-2025