Santhosh @ Jubilee v. State Rep by the Inspector of Police

O R D E R The petitioner, who was arrested and remanded to judicial custody on 02.07.2025, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 in Crime No.391 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 1.100 kilograms of ganja for the purpose of selling it in retail. Hence, the present complaint.

¶3The learned counsel appearing for the petitioner seeks bail by stating that the petitioner is innocent and wrongly arrayed in this case for statistics purpose. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the bail petitioner by stating that the petitioner is having 11 previous cases, out of which two cases of similar nature and the co-accused/ A2 is still absconding. He further submitted that the chemical analysis report is awaited and the investigation is pending.

¶5Heard both sides and perused the materials available on record.

¶6Considering the alleged quantity of contraband seized from the petitioner and the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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 Principal Special Court under EC & NDPS Act 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., 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 Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai.

¶2The Inspector of Police, H-4, Korukkupet Police Station, Washermenpet, Chennai. (Crime No.391 of 2025)

¶3The Superintendent, Central Prison, Puzhal.

¶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 Santhosh @ Jubilee ... Petitioner/ Accused No.1 Vs. The State Rep. by: The Inspector of Police, H-4, Korukkupet Police Station, Washermenpet, Chennai. (Crime No.391 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.391 of 2025 on the file of the respondent police. For Petitioner : Mr. U. Kathiravan For Respondent : Mr. L. Baskaran Government Advocate (Crl. Side) ******