Fekan Kumar v. State Rep by the Inpsector of Police

O R D E R The petition for bail for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of Narcotics Drugs and Psychotropic Substances Act, 1985 in Crime No.272 of 2025, registered on the file of the respondent police.

¶2The petitioner herein was arrested on 01.08.2025 for the alleged possession of 1 kg and 450 grams of ganja, meant for sale to the college students.

3.The learned counsel appearing for the petitioner states that the petitioner is a first time offender and ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail to the petitioner stating the petitioner belongs to the State of Bihar and if he is released on bail, there is every possibility of absconding.

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

¶6Considering the fact that the seized contraband is 1 kg and 450 grams of ganja and the petitioner is in prison for 45 days, this Court is inclined to grant bail to the petitioner with 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, out of which, one surety must be a blood related surety, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Tiruppur 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 10.30a.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.

15.09.2025 Vv 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-II, Tiruppur.

¶2The Inspector of Police, PEW-Tiruppur Police Station, Tiruppur.

¶3The District Prison, Tiruppur.

4.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J. Vv Crl.O.P.No.25089 of 2025

15.09.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.09.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.25089 of 2025 Fekan Kumar ... Petitioner Vs. The State Rep by The Inspector of Police, PEW-Tiruppur Police Station, Tiruppur. ... Respondent (Cr.No.272 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Cr.No.272 of 2025 on the file of the The Inspector of Police, PEW-Tiruppur Police Station, Tiruppur. For Petitioner : Mr.P.Thinesh For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)