Venkatesan 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 11.07.2025, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.292 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner and his associate were found in possession of 1.100kgs of ganja meant for sale.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that he has been arrested on 11.07.2025.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that in this case, investigation is yet to be completed and this petitioner is having five previous cases out of which two cases are similar in nature.

¶5Considering the facts and circumstances of the case, taking note of the fact that the petitioner is in prison for more than 50 days and the recovery from his possession is 1.100kgs, 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 learned Judicial Magistrate Court-II, Kancheepuram 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 11.00 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.

04.09.2025 ari 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

1.The Judicial Magistrate Court-II, Kancheepuram.

2.The Inspector of Police, B-3, Kanchi Taluk Police Station Kancheepuram District

3.The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J. ari

04.09.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.09.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Venkatesan, M/28A S/o Manikandan, No.995, Annai Sathya Nagar, Thirukalimedu Village, Walajabad Taluk Kancheepuram District. .. Petitioner/Accused-2 /versus/ The State rep.by The Inspector of Police B-3, Kanchi Taluk Police Station Kancheepuram District (Crime No.292 of 2025) .. Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 439 of Cr.P.C./ Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.292 of 2025 pending on the file of the respondent. For Petitioner :Mr.P.Muthamizhselvakumar For Respondent :Mr.S.Udhyakumar Government Advocate (Crl. Side)