Saikrishnan v. The State Rep. By The Inspector Of Police,
CRL OP NO. 3286 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-02-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 3286 of 2025 Saikrishnan S/0 Ellapan, No.197/2,Bhagat Singh Street, Melmanapakkam,Palur Post, Chengalpet-603301.
Petitioner(s) Vs The State rep. by The Inspector of Police, F3 Nungambakkam Police Station, Chennai District, Crime No. Respondent(s) For Petitioner(s):
Nishok V G G.Selva Balaji For Respondent(s):
Mr.S.Santhosh, Government Advocate (crl Side)
ORDER
The petitioner apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.236 of 2024, on the file of the respondent police, seek anticipatory bail.
2.Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case based on the confession of the other accused. He further submitted that the petitioner had not committed any offence as alleged by the prosecution and he is ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.
3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police who is vehemently opposing for grant of anticipatory bail to the petitioner is that the respondent Police received secret information about illegal sale of Ganja. Based on search, they found that the petitioner along with the other accused were found in possession of 2 Kg of Ganja. He also submitted that the petitioner has no previous case.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.
5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and also the fact that the petitioner has no previous case, 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 their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned XIV Metropolitan Magistrate, Egmore on condition that the petitioner shall execute separate 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, 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 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioner shall report before the respondent Police on everyday at 10:30 A.M., until further orders;
[d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial;
[e] the petitioner shall not abscond either during the investigation or during the trial;
[f] 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 was 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]
[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
07-02-2025 msv To The Inspector of Police, F3 Nungambakkam Police Station, Chennai District,