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Madras High CourtCRL OP/35956/2025granted

Silambarasan v. The State Rep By , The Inspector Of Police

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP.No.35956 of 2025 1.Silambarasan 2.Prakash @ Dabur 3.Vickram ... Petitioners/Accused Nos.2 to 4 Vs The State Rep. by The Inspector of Police, T-15 Kannagi Nagar Police Station, [Crime No. 406 of 2025] Chengalpet District.

... Respondent PRAYER: Criminal Original Petition filed under 483 of BNSS Act, 2023 to enlarge the petitioners/accused on bail in Crime No. 406 of 2025 pending on the file of Respondent Police.

For Petitioner : Mr.R.Dinesh For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioners/Accused Nos.2 to 4, who were arrested and remanded to judicial custody on 11.11.2025 for the offence punishable under Sections 8(c) r/w 22(b), 29(1) of NDPS Act, 1985 in Crime No.406 of 2025 on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that the petitioners were found in illegal possession of 15 numbers of Alprazolam and 200 numbers of Tapentadol for sale. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent person and have no role in the alleged offence. He would submit that the petitioners have been falsely implicated in this case. He would further submit that the petitioners were arrested and is in judicial custody from 11.11.2025. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that the petitioners who have been arrayed as A2 to A4, were arrested on 11.11.2025. He would further submit that there is one previous case pending against the petitioners, investigation is pending and the offences are grave in nature. Hence, he opposed to grant bail to the petitioners.

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

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6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence and the quantity of material involved in this case, also the fact that though some previous cases are pending and in all those cases, the petitioners were released on bail and also considering the period of their incarceration, this Court is inclined to grant bail to the petitioners, subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on their 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 District Munsif Cum judicial Magistrate at Sholinganallur, and on further conditions that:- [b] the petitioners shall report before the respondent police daily at 10.30 a.m.until further orders;

[c] the petitioners 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 petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not directly or indirectly make any 3/6

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 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 BNS.

30.12.2025 veda/nsl 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 at Sholinganallur. 2.The Inspector of Police, T-15 Kannagi Nagar Police Station, Chengalpet District.

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

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL ,J, veda/nsl CRL.OP.No.35956 of 2025 30.12.2025 6/6