B.Santhosh Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.12.2025

CORAM

THE HONOURABLE MR JUSTICE P.DHANABAL Crl.O.P.No. 35719 of 2025 B.Santhoshkumar ... Petitioner

Versus

The State represented by The Inspector of Police T-3, Pallavaram Police Station Chengalpattu District - 600 117.

Crime No. 555 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in Crime No. 555 of 2025 on the file of respondent police. For Petitioner : Mr.S.Varatharajan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.11.2025, for the offences punishable under Sections 8(c), 20(b)(ii)(A), 29(1) of NDPS Act, 1985 and Section 77 of Juvenile Justice Act, 2015, in Crime No. 555 of 2025 registered on the file respondent police, seeks bail. 1/6

2.The case of the prosecution is that the petitioner was found in possession of 290 grams of Ganja and the same was sold to the public at large. Based on the complaint, the respondent police arrested the petitioner and remanded to judicial custody on 19.11.2025. 3.The learned Counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and he was arrested and remanded to judicial custody from 19.11.2025. He further submits that the contraband was seized. He further submits that the petitioner is ready to abide any condition imposed by this Court and sought for bail to the petitioner. 4.

The learned Government Advocate [Criminal Side] appearing for the respondent police, reiterated the case of the prosecution and submits that totally two accused involved in this case and the petitioner is ranked as A2 and the contraband is not recovered from the petitioner and based on the confession statement of the co-accused, this petitioner was arrayed as an accused and there is no previous case as against the petitioner. He opposed for grant of bail to the petitioner.

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5. Considering the representation made by both side learned counsel and considering that there is no previous case pending against the petitioner and also taking into consideration that no recovery was made from this petitioner and only based on the confession statement of A1, this petitioner was arrayed as an accused and considering the period of incarceration undergone by the petitioner, 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Pallavaram, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 am until further orders. 3/6

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

26.12.2025 SMV 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.The District Munsif Cum Judicial Magistrate, Pallavaram, 2.The Central Prison, Puzhal-II, Chennai.

3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police T-3, Pallavaram Police Station Chengalpattu District - 600 117.

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P. DHANABAL, J., SMV Crl.O.P.No. 35719 of 2025 26.12.2025 6/6