Mahesh Vs State Rep by the Inspector of Police

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Crl.O.P.No.258 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.01.2025

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.258 of 2025

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1.Mahesh 2.Farook ... Petitioners Vs. The State represented by, The Inspector of Police, B1 North Beach Police Station, Chennai (Crime No.360 of 2024). ... Respondent

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... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.360 of 2024, pending investigation on the file of the respondent Police.

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For Petitioners : Mr.M.Hussain Basha For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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O R D E R

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Petition seeking bail in respect of Crime No.360 of 2024 registered for

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the offences punishable under Sections 8(c), 22(b), 29(1) of Narcotic Substances

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https://www.mhc.tn.gov.in/judis 1/6

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Crl.O.P.No.258 of 2025

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Act, 1985, is on board for consideration.

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The incarceration of the petitioners being from 22.11.2024 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seek indulgence of this Court. He submits that the petitioners, without prejudice to the defence and contention, are ready and willing to deposit a sum of Rs.5,000/- each, to any welfare scheme of the Government or any other organization. H e further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.

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The case of the prosecution as putforth by the learned Government Advocate (Crl.Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners were found to be in illegal possession of 12 grams of Methamphetamine and 27 tablets of MDMA, which is totally weighing about 9.7 grams. He further submits that the quantity involved is an intermediate quantity and that there are no previous cases against the petitioners.

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Considering the voluntary submission made by the learned counsel

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for the petitioners, the petitioners are directed to deposit a sum of Rs.5,000/-

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.O.P.No.258 of 2025

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(Rupees Five Thousand only) each, to the credit of MANASU, CSB Bank,

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Pallavaram Branch, A/C.No.024404406764190001, IFSC : CSBK0000244,

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without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

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Further, having heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, they are ordered to be released on bail on them executing separate bond for a sum of Rs.15,000/(Rupees Fifteen Thousand only) with two sureties , each for a like sum to the satisfaction of the learned VII Metropolitan Magistrate, George Town, Chennai, and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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[b] the petitioners shall report before the respondent Police, everyday at 06.30 p.m. until further orders;

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.O.P.No.258 of 2025

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[c] the petitioners shall not abscond either during investigation or trial;

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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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08.01.2025

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Anu

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