Sowkath Ali v. State Rep. by

ORDER The petitioner, who was arrested and remanded to judicial custody on

21.01.2026 for the offences punishable under Sections 8(c) r/w 22(b) of the NDPS Act @ U/s. 20(b)(ii)(A) and 22(b) of the NDPS Act, 1985 in Crime No.750 of 2025, registered on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 19.11.2025 based on a specific information regarding illegal sales of LSD Stamp, the respondent team went to the place of occurrence and intercepted one Thiyaneshwaran/ A1; that after complying all the mandatory provisions under the NDPS Act, search and seizure was effected and found that he was in possession of 0.040 LSD Stamp for the purpose of illegal sale; that thereafter, the contraband was seized under the cover of seizure mahazar and the statement of A1 was recorded in the presence of witnesses, which revealed the involvement of other accused/ A2, A3 and A4 in the aforesaid offence and further seizure of 10 grams of OG Ganja was effected from them; that after arresting and recording their statement, it is revealed that the petitioner herein also actively participated along with other accused and involved in selling the contraband to the elite groups of various professional fields. Hence, this case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 21.01.2026; that no contraband was recovered from the petitioner herein; that the co-accused/ A2, A6 and A7 were already enlarged on bail by this Court, vide orders dated 07.01.2026, 02.02.2026 and

29.01.2026 in Crl.O.P.Nos.128, 2107 and 1980 of 2026, respectively; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that there are totally 9 accused involved in this case and the petitioner is arrayed as A8; that though no contraband was recovered from the petitioner herein, he had actively participated and colluded with other accused for selling and distribution of contraband across Chennai city; and that the investigation of this case is pending.

¶5Considering the submissions made, facts and circumstances of the case, the fact that the co-accused, who are similarly placed with the petitioner had already been granted bail by this Court and the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the XIII Metropolitan Magistrate Court, Egmore at Chennai and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; [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.

25.02.2026 stn Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. To

¶1The XIII Metropolitan Magistrate, Egmore at Chennai.

¶2The Inspector of Police, V-5, Thirumanglam Police Station, Chennai – 40. (Crime No.750 of 2025)

K. RAJASEKAR, J. stn

¶3The Superintendent, Puzhal Jail.

¶4The Public Prosecutor, High Court of Madras. Crl.O.P. No.4594 of 2026

25.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.4594 of 2026 Sowkath Ali ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, V-5, Thirumanglam Police Station, Chennai – 40. (Crime No.750 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.750 of 2025 on the file of the respondent police. For Petitioner(s) : Mr. T. Rajesh Kumar For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side) *******