Lokeshwaran Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2025)

Lokeshwaran Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail pending investigation: bond of Rs.15,000/- with two sureties (each for a like sum) before the Judicial Magistrate No.I, Poonamallee, Chennai; subject to conditions including deposit of Rs.5,000 to Claretian Life Animation Project Trust (Karur Vysya Bank Ltd, Tambaram Branch, Chennai; A/C.No.1190155000096499; IFSC-KVBL0001190), daily reporting at 10.30 a.m. before the respondent Police, no absconding, no tampering with evidence or witnesses, action on breach per P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560], and fresh FIR under Section 269 B.N.S. if he absconds.

Issue for consideration

Whether the petitioner (Lokeshwaran), in custody since 19.11.2024 in connection with Crime No.471 of 2024 (offences under Sections 8(c), 20(b)(ii)(B) & 29(1) of NDPS Act; alleged possession of 1,200 grams of ganja; three previous cases), should be enlarged on bail pending investigation on the file of the respondent Police.

Court's answer

This court is inclined to grant bail to the petitioner with certain conditions; he is ordered to be released on bail on executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum, to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee, Chennai.

Ratio / Principle

Considering the petitioner's voluntary submission, the petitioner is directed to deposit a sum of Rs.5,000 (Rupees Five Thousand only) to the credit of Claretian Life Animation (Project Trust, A/C.No.1190155000096499, IFSC-KVBL0001190, The Karur Vysya Bank Ltd, Tambaram Branch, Chennai).

Key takeaways

The deposit is without prejudice to the right of defence before the Trial Court and is clarified not to amount to an admission of guilt.ratio¶26
Bail condition: the petitioner shall report before the respondent Police every day at 10.30 a.m. until further orders.ratio¶31
On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

Detailed headnote1 paragraphs

Madras High Court (A.D. Jagadish Chandira, J.; order dated 07.01.2025) in Crl.O.P.No.157 of 2025 granted bail, pending investigation, to Lokeshwaran in connection with Crime No.471 of 2024 (T-16, Nazarathpet Police Station, Chennai), registered for offences punishable under Sections 8(c), 20(b)(ii)(B) & 29(1) of the NDPS Act; prosecution alleged illegal possession of 1,200 grams of ganja and three previous cases, and the petitioner had been in custody since 19.11.2024 claiming false implication. The petition was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Bail was granted on the petitioner executing a bond for Rs.15,000/- with two sureties (each for a like sum) before the Judicial Magistrate No.I, Poonamallee, Chennai, with conditions: (i) deposit of Rs.5,000 to Claretian Life Animation Project Trust (Karur Vysya Bank Ltd, Tambaram Branch, Chennai; A/C.No.1190155000096499; IFSC-KVBL0001190), expressly without prejudice to his defence and not an admission of guilt; (ii) daily reporting before the respondent Police at 10.30 a.m. until further orders; (iii) no absconding and no tampering with evidence/witnesses; (iv) on breach, the Magistrate/Trial Court may take appropriate action as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and (v) if the accused absconds, a fresh FIR can be registered under Section 269 of B.N.S.