Chellappa @ Mohamed Hussain v. State Of Tamilnadu Rep By Inspector Of Police, Gandhi Market

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17225 of 2025 Chellappa @ Mohamed Hussain ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Gandhi Market Police Station, Trichy City.

(Crime No.353 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Veerapandiselvaraj For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.353 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 20.09.2025 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985, in Crime No.353 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 1.500 kg of ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 20.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are fifteen previous cases pending against the petitioner. Therefore, he opposed for grant of bail to the petitioner.

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5.Taking into consideration the fact that even though fifteen previous cases are pending against the petitioner, the present case does not involve commercial quantity and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on 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 learned Additional District and Sessions Judge / Presiding Officer Special Court for E.C and NDPS Act Cases, Pudukottai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders. 3/6

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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 is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 10.10.2025 jbr 4/6

To

1. The Additional District and Sessions Judge / Presiding Officer Special Court for E.C and NDPS Act Cases, Pudukottai.

2. The Superintendent, District Jail, Pudukottai.

3. The Inspector of Police, Gandhi Market Police Station, Trichy City.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.17225 of 2025 Date : 10.10.2025 6/6