- Court
- High Court of Madras
- Decided
- 26 December 2025
- Bench
- P.Dhanabal
- Case no.
- CRL OP 35534/2025
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Judgment
O R D E R The petitioners were arrested and remanded to judicial custody on
11.11.2025, for the alleged offence punishable under Sections 8(c),20(b),
(ii),(B), 29(1) of NDPS Act in Crime No.725 of 2025, on the file of the respondent police, seek bail.
¶2The case of the prosecution is that the petitioners along with other co-accused were in possession of 4 kgs of ganja for sale and the same had been seized by the respondent police. Hence, the complaint.
¶3The learned counsel for the petitioners would contend that the respondent police have registered a false case against the petitioner for the offences punishable under Sections 8(c),20(b),(ii),(B), 29(1) of NDPS Act and they were arrested and remanded to judicial custody on
11.11.2025. In fact, the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Therefore prayed to grant bail to the petitioners.
¶4The learned Government Advocate (Criminal Side) would submit that the petitioners along with other co-accused were in possession of 4 kgs of ganja. The specific overt act against this petitioners/A2 and A3 is that this petitioners bought the contraband to sell the same along with other accused for their personal gain. He further submitted that there is no previous cases pending against these petitioners. However, he strongly opposed to grant bail to the petitioners.
¶5Heard both sides and perused the materials available on record including the First Information Report.
¶6Considering the rival submissions made by the learned counsel on either side, nature of offence and there is no previous cases pending against the petitioners and also taking note of the fact that the quantity involved in this case is not commercial in nature, this Court is inclined to grant bail to the petitioners, subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court No.II, Ponneri, and on further conditions that:- [b] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. [c] the petitioners shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
26.12.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl / smn 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 Inspector of Police, M4, Redhills Police Station, Chennai.
¶2The Judicial Magistrate Court No.II, Ponneri.
3.The Superintendent, Central Prison No II, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras. P.DHANABAL
, J.
smn/mtl CRL OP No. 35534 of 2025
26.12.2025
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35534 of 2025 1. Murali S/o. Murugan, No.1/115, Konimedu Main Road, Pothur, Redhills, Chennai. 2.Siva S/o. Murugan, No.48, Stephen Thirumaran Street, Puzhal Camp, Chennai. Petitioner(s) Vs 1. State Rep By, Inspector of Police, M4, Redhills Police Station, Chennai. (Crime No.725/2025) Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No. 725/2025 on the file of the respondent. For Petitioner(s): S.Senthil Kumar For Respondent(s): Mr.S.Vinothkumar Government Advocate (Crl.Side)
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