Ibrahim S/O. Abbas vs Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 30.01.2026 for the alleged offences under Sections 8(c) read with 22(b), 25 and 29(1) of NDPS Act in Crime No.30 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 29.01.2026, when the respondent police conducted a search on secret information near Ayanavaram Pachai Cycle Veersamy Housing Board Ground, they found the accused with illegal possession of 37 grams of Methamphetamine along with 56 syringe needles . Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is under incarceration since 30.01.2026 and what was recovered from this petitioner is an intermediate quantity and the co-accused were already released on bail and hence prays for grant of bail to the petitioner.

The above said factum was not seriously disputed by the learned Government Advocate (Criminal side) appearing for the respondent police.

I have given anxious consideration to the submissions made by the learned counsel on either side.

In view of the fact that the recovered contraband is only an intermediate quantity and already the co-accused were released on bail vide the orders passed by the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai, this Court is inclined to show parity on the petitioner and to enlarge him on bail, subject to the following stringent conditions:

Accordingly, 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 each, for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai 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 sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of two weeks and thereafter as and when requited by the investigation officer for interrogation;

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

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

[e] 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]:

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