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2025 DAILYLAW 27004 (MAD)

JEEVA.K v. STATE BY, THE INSPECTOR OF POLICE

CRL OP/4582/2025 · 2025-02-21

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.4582 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.02.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.4582 of 2025 Jeeva.K ...Petitioner/Accused 2 Vs. State through The Inspector of Police, T-4, Maduravoyal Police Station, Chennai. (Crime No.36 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.36 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.M.D.Vijay For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4582 of 2025 ORDER This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 08.01.2025, seeking bail in Crime No.36 of 2025 registered for the offence under Sections 123 and 278 of BNS and Section 77 of JJ Act, 2015. 2.It is the case of the prosecution that the petitioner along with the other accused was found to be in illegal possession of 1450 nos of Tydol tablets. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and there is no previous against him and that the petitioner has been in custody from 08.01.2025 and hence, further custody of the petitioner is not required. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband seized from the Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4582 of 2025 petitioner is not a scheduled substance and no previous case is pending against the petitioner. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 6.Considering the period incarceration and the fact that the contraband is not a scheduled substance and that no previous case is pending against the petitioner and since further custody of the petitioner is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate II, Poonamallee, and on further conditions that: [a] the sureties shall affix their photographs and Left 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; Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4582 of 2025 [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law as if the 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 21.02.2025 ata Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4582 of 2025 Copy to: 1.The Inspector of Police, T-4, Maduravoyal Police Station, Chennai. 2.The Judicial Magistrate II, Poonamallee. 3.The Superintendent of Prison, Central Prison, Puahal. 4.The Public Prosecutor, High Court, Madras. Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4582 of 2025 SUNDER MOHAN, J. ata Crl.O.P.No.4582 of 2025 21.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis