Naushaad v. The State Rep by the Station House Officer

ORDER The petitioner, who was arrested and remanded to judicial custody on

06.07.2026 for the alleged offence under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023, Section 27(1) of the Arms Act, 1959, and Section 20(b)(ii)(A) read with Section 8(c) of the Narcotic Drugs and Page2 of 6 Psychotropic Substances Act, 1985 in Crime No.174 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the a gang of six persons have suspiciously assembled at the place of occurrence carrying knives and face masks. It was alleged that the said persons were planning to commit dacoity. Further, petitioner was alleged to have found to be in possession of 45 small packets of dried ganja weighing 250 grams, one black face mask, and one mobile phone. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner was remanded in judicial custody since 06.07.2026 and the allegation against the petitioner is that he along with other accused were in preparation for dacoity. There are totally 6 accused and this petitioner is arrayed as A1, however, he fairly conceded that there are no criminal Page3 of 6 antecedents against this petitioner. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); taking into consideration of the totality of the circumstances and upon the fact that the petitioner has no criminal antecedents and upon the further fact that the quantity involved is only a small quantity, this Court is of the firm view that further incarceration of the petitioner for the purpose of investigatoin is not required. Hence, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶7Accordingly, 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 Principal Sessions Judge, Puducherry, 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 Page4 of 6 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 daily at 10.30 a.m., for the period of two weeks 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 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. 20-07-2026 NSL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To:

¶1The Principal Sessions Judge, Puducherry.

¶2The Station House Officer Dhanvantri Nagar Police Station, Puducherry – 605006

¶3The Superintendent Central Prison, Kalapet, Puducherry.

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o19204oofo2026 C.KUMARAPPANoJ. NSL CRLoOPoNo.o19204oofo2026 20-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Naushaad ..Petitioner Vs The State Rep by The Station House Officer Dhanvantri Nagar Police Station, Puducherry - 605006 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/Accused No.1 on bail in connection with Crime No.174 of 2026 on the file of Dhanvantri Nagar Police Station, Puducherry, Pending before the Principal Sessions Judge, Puducherry. For Petitioner: Mr.J.John Harrison For Respondent: Ms.G.D.Jearany Om Prakash Govt.Advocate (Puducherry)