Vivek Kumar Yadav v. The State Rep. by the Inspector of Police,

ORDER This Criminal Original Petition has been filed by the petitioner to modify the bail condition imposed by the Principal Special Court under EC & NDPS Act, Chennai, in Crl.M.P.No.2586 of 2025 dated 30.05.2025 in Crime No.50 of 2025, directing the petitioner/accused to execute a bond of Rs.10,000/- with two sureties for a like sum each to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore and one among the sureties should be a Government Surety.

¶2The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 30.04.2025 in connection with Crime No.50 of 2025 on the file of the respondent police for the offence under Section 8(c) read with 20(b)(ii)(B) of the NDPS Act, 1985 alleging that the petitioner was found in possession of 4.200 kgs. of Ganja. Thereafter, the petitioner filed a petition in Crl.M.P.No.2586 of 2025 before the Principal Special Court under EC & NDPS Act, Chennai, seeking bail and the said petition was allowed by order dated 30.05.2025 with certain conditions and one of conditions is that: "1. The petitioner/accused is ordered to be released on bail, on executing a bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore. One among the sureties should be a Government Surety".

¶3The learned counsel for the petitioner submitted that the petitioner is unable to arrange Government Surety and thereby, he is unable to come out on bail despite being granted bail.

¶4Heard both sides and perused the materials available on record.

¶5It is seen that while granting bail to the petitioner, the Special Court has imposed a condition directing the petitioner to produce a Government Surety. But no Government Servants would stand as a surety to an accused involved in NDPS case. The said condition in respect of Government Surety imposed by the Special Court is un-reasonable by which, the very purpose and object of bail itself is defeated. Therefore, the said condition alone is modified to the effect that;

¶1the petitioner/accused is ordered to be released on bail on executing a bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore.

¶6The rest of the conditions shall remain un-altered.

¶7With the above modifications, this Criminal Original Petition is disposed of.

12.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 Note: Issue order copy on 13.06.2025. To

¶1The Principal Special Court under EC & NDPS Act, Chennai

¶2The XIV Metropolitan Magistrate, Egmore.

¶3The Inspector of Police PEW Triplicane Unit Chennai

¶4The Public Prosecutor High Court of Madras, Chennai P.VELMURUGAN. J. Ksa-2

12.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.06.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Vivek Kumar Yadav ... Petitioner Vs. State Rep. by The Inspector of Police PEW Triplicane Unit Chennai ... Respondent Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to modify the bail condition that "the petitioner/accused is ordered to be released on bail, on executing a bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore. One among the sureties should be a Government Surety" against the petitioner in Crl.M.P.No.2586/2025 in Crime No.50 of 2025. For Petitioner : M.A.Jayamohan For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)