[Cites 5, Cited by 0]
Madras High Court
Prem Kumar @ Prem vs The State Rep By, The Inspector Of Police on 7 May, 2026
CRL OP No. 11721 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11721 of 2026
Prem Kumar @ Prem
..Petitioner(s)
Vs
State Rep By,
The Inspector of Police
R-9, Valasaravakkam Police Station,
Chennai.
..Respondent(s)
Criminal Original Petition has been filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on
bail in connection with the Crime No.71 of 2026 on the file of the Inspector of
Police, R-9 Valasaravakkam Police Station and thus render justice.
For Petitioner(s): Mr.V.Karthick
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate
(Criminal Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
13.03.2026 for the alleged offences punishable under Section 8(c) read with
Sections 20(b)(ii)(A), 22(b), 25 and 29(1) of the Narcotic Drugs and
Psychotropic Substances (NDPS) Act, 1985, in Crime No.71 of 2026 on the file
of the respondent police, seek bail.
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2. The case of the prosecution is that the petitioner, along with the other
persons was found in illegal possession of 4 grams of Methamphetamine.
Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in custody since 13.03.2026 and is ready to abide by
any stringent conditions that may be imposed by this Court. He would further
submit that the petitioner, without prejudice to the defence and contention, is
ready and willing to deposit a sum of Rs.20,000/-, to any welfare scheme of the
Government or any other organization. Hence, he prayed for the grant of bail.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent, while opposing the grant of bail to the petitioner, reiterated the
prosecution case and, on instructions, submitted that that though there are no
previous cases pending against the petitioner, the investigation in the present
case is still pending.
5. Heard learned counsel for the petitioner and the learned Government
Advocate (Criminal Side) appearing for the respondent and perused the
materials available on record.
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6. Considering the voluntary submission made by the learned counsel for
the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees
Twenty Thousand only) as non-refundable deposit, to the credit of “CANCER
INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra
Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi
Campus, Sardar Patel Road, Chennai-36, SB Account No.149710011005477,
IFSC No.ANDB0001497, Branch Name and Code 1497, MICR
No.600011049’, without prejudice to the right of defence before the Trial Court
and making it clear that it would not amount to admission of guilt.
7. Considering the above facts and circumstances, the voluntary
submission made by the learned counsel for the petitioner to deposit a non-
refundable sum of Rs.20,000/- for a charitable cause, the period of incarceration
undergone by the petitioner, and the fact that there are no adverse antecedents
against him, this Court is inclined to enlarge the petitioner on bail with certain
conditions.
8. Accordingly, the petitioner is ordered to be released on bail on his
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with
two sureties each for a like sum to the satisfaction of the learned Judicial
Magistrate-I, Poonamallee, and subject to the following conditions:
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[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 report before the respondent police
everyday at 10.30 a.m. for a period of 30 days and thereafter
as and when required 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 take appropriate
action against the petitioner in accordance with law as if the
conditions had been imposed and the petitioner released on
bail by the learned Magistrate/Trial Court itself, as laid down
by the Hon'ble Supreme Court in P.K.Shaji vs. State of
Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may be
registered under Section 269 of the Bharatiya Nyaya Sanhita,
2023.
07-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Jeni
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Note:
1. Registry is directed to forthwith upload this order in the Official
Website of this Court.
2. All 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
1.The Judicial Magistrate-I, Poonamallee.
2.The Superintendent, Central Prison, Puzhal-II, Chennai.
3.The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai.
4.The Public Prosecutor, High Court of Madras, Chennai.
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L.VICTORIA GOWRI, J.
Jeni
07-05-2026
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