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Madras High CourtCRL OP/35802/2025granted

Mohaemmed Ibrahim v. The State Rep By, The Inspector Of Police

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. Mohemmed Ibrahim S/o. Usman Ali, 3rd Street, M.R.K. Nagar, Virdhachalam, Cuddalore.

2. Jain S/o. Arjunan, 4th street Mullai Nagar, Vridhachalam, Cuddalore.

Petitioner(s) Vs

1. The State Rep by, The Inspector of Police Vridhachalam Police Station, Cuddalore District Crime No. 710 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 BNSS, to enlarge the petitioner on bail in Crime.No. 710 of 2025 on the file of the Inspector of Police, Vridhachalam Police Station,Cuddalore District. For Petitioner(s):

Mr.M.Selvam For Respondent(s):

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

ORDER

The Petitioners, who were arrested and remanded to judicial custody on 21.11.2025 for the offences punishable under Sections 275 and 123 of BNS r/w. 20(b)(ii) (A) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.710 of 2025, on the file of the respondent, seeks bail. 2.The case of the prosecution is that when the respondent police was on a routine checkup, they found the petitioners were in possession of 50 grams of Kanja. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners have not committed any offence as alleged by the prosecution. He would also submit that there is no previous cases against the petitioners and the petitioners are ready to abide by any stringent condition imposed by this Court. Hence, he prays for grant of bail to the petitioners. 4.The learned Government Advocate (Crl. Side) for the respondent would submit that petitioners were found in possession of 50 grams of Kanja and from this petitioners 50 grams was recovered. He would further submit that there is no previous case pending as against the petitioner. However, he opposed to grant bail to the petitioners.

5. Heard both side learned counsel and perused the materials available on record.

6. Considering the representation made by both side learned counsel and considering that there is no previous case pending against the petitioners and also taking into consideration that the contraband recovered from the petitioners are not a commercial quantity and that the number of days of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the Petitioners are ordered to be released on bail on condition, to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.1, Vridhachalam, Cuddalore and on further conditions that:

[b] the Petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders.

[c] the Petitioners shall not commit any offences of similar nature. [d] the Petitioners shall not abscond either during investigation or trial. [e] the Petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

26-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes kkn 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 Inspector of Police, Vridhachalam Police Station, Cuddalore District.

2.The Judicial Magistrate No.1, Vridhachalam, Cuddalore.

3.The Central Jail, Cuddalore.

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

P.DHANABAL J.

KKN/SMV CRL OP No. 35802 of 26-12-2025