Crl. O.P. No.4279 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4279 of 2025 1. Ganeshbabu 2. Hari ... Petitioners/A2 & A5 Vs. The State represented by- The Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District. (Crime No.11 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.11 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.P.Yuvaraj For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioners, who was arrested and remanded to judicial custody on 06.01.2025, seeking bail in Crime No.11 of 2025 registered for the offences under Sections 8(c), 20(b)(ii)(B), 29(1) 1/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.4279 of 2025 and 25 of NDPS Act, 1985. 2. The case of the prosecution is that on secret information that five accused persons were involved in illegal sale of Ganja near Mannur Arikarai Kaapukkadu, the respondent seized 2.200 Kgs of ganja. The petitioners herein are A2 and A5. 3. Learned counsel appearing for the petitioners submitted that the allegations against the petitioners are false; that no recovery of contraband was made from these petitioners and they are sought to the implicated as an accused based on the confession of the co-accused/A1; that quantity of contraband seized by the respondent from the co-accused/A1 is an intermediate quantity; and that in any case, further custody of the petitioners is not required for the purpose of investigation and hence prayed for grant of bail. 4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioners are sought to be implicated as an accused based on the confession statement of co- accused/A1; and that the 1st petitioner/A2 has one previous case of IPC offence and is on bail in the said case and the 2nd petitioner/A5 have no previous case. 2/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.4279 of 2025 5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 6. Considering the nature of allegations, period of incarceration, the fact that no recovery was made from these petitioners and contraband was seized from co-accused and based on their confession, the petitioners are sought to be implicated as an accused, that the contraband seized is only an intermediate quantity, though the 1st petitioner/A2 has one previous case, he is on bail in that case and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur, and on further conditions that: [a] the sureties shall affix their photographs and Left 3/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.4279 of 2025 Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with evidence or witness 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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 19.02.2025 ars To 1. The Judicial Magistrate, Sriperumbudur. 2. The Inspector of Police, C-1, Sriperumbudur Police Station, 4/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.4279 of 2025 Kancheepuram District. 3. The Superintendent of Police, Central Prison, Puzhal, Chennai. 4. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.4279 of 2025 SUNDER MOHAN., J. ars Crl.O.P.No.4279 of 2025 19.02.2025 6/6 https://www.mhc.tn.gov.in/judis