Vinodhini v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2222 of 2025 Vinodhini D/o. Sugumar ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, P-6 Kodungaiyur Police Station, Chennai District.

(Crime No.39 of 2025).

... Respondent PRAYER: The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.39 of 2025 on the file of the respondent police.

For Petitioner : Mr. Muthamizh Selvakumar.P. For Respondent : Mr. S. Balaji Government Advocate (Crl.Side)

O R D E R

The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offence punishable under Sections 8(C) read with 20(b), (ii),(A), and 29(1) of NDPS Act and Section 132 of B.N.S. in connection with the case in Crime No.39 of 2025, seeks anticipatory bail. 1/6

2. The case of the prosecution is that on secret information, the respondent police found A1 in possession of 100 grams of Ganja and on his confession, it was revealed that A2 and A3 (the petitioner) purchased the said contraband from Andhra Pradesh and handed over the contraband to A1 and that A1, A4 and A5 sold the contraband for personal gain.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that in any case, custodial interrogation of the petitioner is not required; that no contraband was seized from the petitioner; that she is sought to be implicated based on the confession of the coaccused and hence prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has 6 previous cases registered under NDPS Act, in which, 3 cases are pending investigation and remaining 3 cases are pending trial.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the 2/6

materials available on record.

6. Considering the nature of allegations, the fact that the contraband seized from A1 is small quantity, no contraband was seized from the petitioner, she is sought to be implicated based on the confession of the co-accused, the petitioner is on bail in all the other 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 on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned X Metropolitan Magistrate, Egmore, Chennai 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and Left 3/6

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 everyday at 10.30 a.m., until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 accused thereafter abscond, a fresh FIR can be registered under 4/6

Section 269 B.N.S.

20.02.2025 mjs To 1.The X Metropolitan Magistrate, Egmore, Chennai

2. The Public Prosecutor, High Court, Madras.

3. The Inspector of Police, P-6 Kodungaiyur Police Station, Chennai District. 5/6

SUNDER MOHAN., J.

mjs Crl.O.P.No.2222 of 2025 20.02.2025 6/6