Rukkeshwaran v. State By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Rukkeshwaran ... Petitioner Vs.

State by, The Inspector of Police, P5 MKB Nagar Police Station, Chennai.

Crime No.869 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarging the petitioners on Anticipatory bail in the event of their arrest in the above Crime No.869 of 2024, pending investigation, on the file of Respondent Police, P5 MKB Nagar Police Station, Chennai.

For Petitioner :

Mr.D.Gokulkrishnan For Respondent :

Mr.S.Santhosh Government Advocate (Crl.side)

ORDER

Apprehending arrest in connection with Crime No.869 of 2024, registered for the offences punishable under Sections 8(c) & 20(b)(ii)(B) of the NDPS Act and Section 132 of the BNS, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He would further submit that based on the confession of A1, the petitioner herein has been roped in this case. He would further submit that he is ready to furnish solvent sureties and he is ready to abide by any stringent condition that may may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Crl.side) appearing for the respondent Police while opposing for grant of anticipatory bail to the petitioner is that on 21.11.2024, at about 18.00 hrs., the respondent seized 2.15 Kgs of ganja from A1. During the confession, A1 stated that A2 purchased ganja and gave it to the other accused to sell the same to the public. He would further submit that there are 3 previous cases pending as against the petitioner and no case is pending under the NDPS Act.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly the petitioner is ordered to be

released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the X Metropolitan Magistrate Court, Egmore at Chennai-8, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), each with two sureties, each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the X Metropolitan Magistrate Court, Egmore at Chennai-8 on all working days at 10.30 a.m, until further orders;

[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 petitioner in accordance with law as if the 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)AIR SCW

5560];

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

09.01.2025 mn

To

1. The Inspector of Police, P5 MKB Nagar Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J.

mn 09.01.2025