Harish vs State Of Tamil Nadu

K .Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 31.12.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(A), 22(b) of NDPS Act 1985, in Crime No.698 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that, based on the secret information, the respondent police conducted a search at Mylapore Karaneeshwarar Temple. Upon observing the police, the petitioner and two other co-accused attempted to flee; however, the respondent police apprehended and recovered 17 grams of Ganja, 6 grams of MDMA, 3 grams of Methamphetamine, and 2 LSD stamps from them. Additionally, the police seized two iPhones, two Oppo mobile phones, and a TVS Dio scooter bearing registration number TN 09 DK 1612 . Consequently, the present case was registered

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 31.12.2025 and there is no previous cases pending against the petitioner and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution’s case and on instruction submitted that totally three accused involved in this case, the petitioner is ranked as A1 and no previous case is pending against this petitioner. He further submitted that alleged contraband were seized from the accused and investigation in this case is still pending, hence, he vehemently opposed for grant of bail to the petitioner.

5.Taking into consideration of the facts and circumstances and also considering the submissions made by the learned counsels, no previous case is pending against the petitioner and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing 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 XVIII Metropolitan Magistrate Court, Saidapet, Chennai and on further conditions that:

(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;

(b) the petitioner shall appear before the respondent police everyday at 10.30 a.m. for the period of three weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.