Thoufiq v. The State Rep By, the Inspector of Police

O R D E R The petitioner, who was arrested and remanded to judicial custody on 29.07.2025, for the offence punishable under Sections 8(c), 20(b)(ii)(A) of NDPS Act, 1985 and Section 123 of BNS and Sections 7 and 25(1)(A) of Arms Act in Crime No.121 of 2025, registered on the file of the respondent, seeks bail.

¶2The case of the prosecution is that the petitioner was found in possession of 450 grams of ganja for the purpose of selling it in retail, a weighing machine and a knife about 67 cm long. Hence, the present complaint.

¶3The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally four accused in this case and the petitioner herein is arrayed as A1. He further submitted that petitioner herein and A2 alone were secured and other two accused are still absconding. He further reports that the chemical analysis report is awaited and investigation is pending, therefore if the petitioner is released on bail, there is every possibility of his abscondence.

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

¶5Considering the alleged quantity of contraband seized from the petitioner, 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VII, Coimbatore 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., 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 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.

22.08.2025 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 Judicial Magistrate No.VII, Coimbatore.

¶2The Inspector of Police, Karumpukadai Police Station, Coimbatore District. (Crime No.121 of 2025)

¶3The Superintendent, Central Prison, Coimbatore.

¶4The Public Prosecutor, High Court of Madras.

Dr. G. JAYACHANDRAN, J. stn

22.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2025 CORAM THE HONOURABLE Dr. JUSTICE G. JAYACHANDRAN Thoufiq ... Petitioner/ Accused No.1 Vs. The State Rep. by: The Inspector of Police, Karumpukadai Police Station, Coimbatore District. (Crime No.121 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.121 of 2025 on the file of the respondent police. For Petitioner : Mr. N. Stalin For Respondent : Mr. L. Baskaran Government Advocate (Crl. Side) ******