Vijayakumar v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN VIJAYAKUMAR S/o. Seenivasan, Kumbalam, kumbalam Krishnagiri, Krishnagiri District.

Petitioner(s)/A5 Vs State Rep.By, The Inspector Of Police, Berigai Police Station, Krishnagiri District. (Crime No.222 of 2024) Respondent(s) For Petitioner(s): Ms.Sathya S For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985in Crime No.222 of 2024 , on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the petitioner (A5) along with the other accused person were found in illegal possession of 1.500 gms of Ganja. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that contraband was not seized from the petitioner; that only based on the confession statement of the first accused, the petitioner was implicated in this case; that the co-accused was arrested and released on bail and hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that there are two previous cases as against the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6. Considering the submissions made by either side; nature of 2/4

allegations; that the contraband was seized; that the co-accused was arrested and released on bail; that the petitioner is on bail in other two previous cases and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

(a) 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 learned Judicial Magistrate No.1, Hosur on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioner shall report before the respondent police daily 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. SUNDER MOHAN,J.

Vca 3/4

[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.

18.02.2025 vca To, State Rep.By, The Inspector Of Police, Berigai Police Station, Krishnagiri District. (Crime No.222 of 2024) CRL OP NO. 4063 of 2025 4/4