[Cites 4, Cited by 0]
Madras High Court
Rajivgandhi @ Rajadurai vs State Rep. By Inspector Of Police on 7 May, 2026
Crl.O.P.No.11751 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.05.2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11751 of 2026
RajivGandhi @ Rajadurai ... Petitioner/A2
Vs.
State of Tamil Nadu
Rep by the Inspector of Police,
Guduvancherry Police Station,
Tambaram.
( Cr.No.75 of 2026) ... Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.75
of 2026 on the file of the respondent police.
For Petitioner : Mr.S. Mohan Raj
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
28.03.2026, for the offence punishable under Sections 8(c) 20(b) (ii)(B), 29(1) of
the NDPS Act,1985 in Connection with Crime no.75 of 2026 registered on the
file of the respondent, seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner along with other accused
were in illegal possession of 6 kgs of Ganja. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is
no way connected with the above case and he has been falsely implicated in this
case. The petitioner is in judicial custody from 28.03.2026 and hence, further
custody of the petitioner is not required. He further submitted that the petitioner,
without prejudice to his rights, is ready to deposit a sum of Rs.10,000/- to any
welfare scheme of the Government or any other organization. Hence, he prayed
for grant of bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the
respondent police, while opposing for grant of bail to the petitioner, reiterated the
prosecution case and submitted that the petitioner has got no previous cases.
5.Heard both sides and perused the materials available on record.
6.Considering the facts and circumstances of the case, the submissions
made by the learned counsels on either side and the period of incarceration
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undergone by the petitioner, this Court is inclined to grant bail to the petitioner
with certain conditions.
7.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 Judicial Magistrate
No.II,Chengalpattu 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 deposit a sum of Rs.10,000/-
(Rupees Ten Thousand only) (Non refundable) towards the account
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, bearing SB Account No.149710011005477, IFS Code
No.ANDB0001497, Branch Name and Code 1497, MICR
No.600011049 and to produce the Bank Challan before the
Judicial Magistrate No.II,Chengalpattu and the receipt shall
be produced at the time of executing the bond;
[c] the petitioner shall report before the respondent Police
daily at 10.30 a.m., for a period of three weeks; thereafter as and
when required for interrogation;
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[d] the petitioner shall make himself available for
interrogation by a Police Officer as and when required;
[e] the petitioner shall not directly or indirectly cause any
threat to the de facto complainant and witnesses;
[f] the petitioner to give an undertaking that if required for
being identified by witnesses during investigation or for police
custody beyond the first fifteen days, he shall comply to the
directions as may be given by the Court in this regard;
[g] 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];
[h] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 of B.N.S.
07.05.2026
smn/vv
https://www.mhc.tn.gov.in/judis
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 learned Judicial Magistrate No.II,Chengalpattu
2.The Inspector of Police,
Guduvancherry Police Station,
Tambaram.
3.The Superintendent,
Central Prison, Puzhal
4.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI J.
smn/vv
07.05.2026
https://www.mhc.tn.gov.in/judis
