Kishor Kumar v. State Rep. By, the Inspector of Police

O R D E R The petitioner, who arrested and remanded to judicial custody on

01.07.2025, for an offence punishable under Section 8(c) 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.313 of 2025, registered on the file of the respondent, seeks bail.

¶2The petitioner was arrested on 01.07.2025 for alleged possession of 4 kgs of ganja. The prosecution case is that the petitioner, a native of Bihar, was found in possession of the contraband near the weekly market at Tiruppur.

¶3The learned counsel appearing for the petitioner submits that the petitioner is ready to abide by any condition imposed by this Court and is also willing to furnish local sureties.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent submits that the chemical analysis report is still awaited and if the petitioner is released on bail, there is a possibility of his absconding.

¶5Considering the objections raised by the learned Government Advocate (Crl. Side) as well as the submissions made by the learned counsel for the petitioner, this Court is of the view that the confinement of the petitioner in prison is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to 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, in which one surety must be blood relative of the petitioner, each for a likesum to the satisfaction of the learned Judicial Magistrate No.II, Tiruppur. [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 appear before the respondent police daily at 10.30 a.m., until further orders. [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners 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.

22.08.2025 bsm To,

¶1The Judicial Magistrate No.II, Tiruppur.

¶2The Inspector of Police, Tiruppur Central Police Station, Tiruppur City, Tiruppur District.

¶3The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras. 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.

Dr.G.JAYACHANDRAN, J. bsm

22.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Kishor Kumar, M/A31, S/o.Kapaleshvar Sah, No.20, Ward No.12, Narkariya, Indarwa, Sitamarhi, Bihar State. ... Petitioner/Accused Vs. The State Represented by The Inspector of Police, Tiruppur Central Police Station, Tiruppur City, Tiruppur District. (Crime No.313 of 2025) ... Complainant/Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail pending investigation in Crime No.313 of 2025 pending on the file of the respondent police. For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)