Veerammal v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Veerammal @ Shakila ... Petitioner Vs.
State by Tamil Nadu, The Inspector of Police, Vadavalli Police Station, Coimbatore.
... Respondent (Crime No.61 of 2024) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail on event of arrest in Crime No.61 of 2024 on the file of the respondent police. For petitioner : M/s.S.Thirugnanam For Respondent : 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 Section 8(C), 20(b)(ii)(B) of Narcotics Drugs and Psychotropic Substances Act, 1985, in Crime No.61 of 2024, seeks anticipatory bail.
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2. The case of the prosecution is that, on 12.03.2024, While the respondent police were on regular patrol, A1 to A3 were found to be in illegal possession of 1.100 kilograms of Ganja; and that based on the confession of A1 to A3, A5 was arrested and A4 was arrayed as an accused. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is aged 73 years and she has been falsely implicated in this case. He would further submit that there is no recovery of contraband from the petitioner; and that in any case the custodial interrogation is not required for the purpose of investigation. Therefore, he prayed for the grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, per contra submitted that the petitioner was alleged to have been involved in illegal possession of 1.100 kilograms of Ganja; and that there were three previous cases against the petitioner registered in the Page No.2 of 6
year 2018, 2019 and 2021. Therefore, he opposed for granting anticipatory bail to the petitioner.
5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering that the petitioner is Lady, who is aged about 73 years; and her health condition; that there was no recovery of contraband from the petitioner; that she is sought to be implicated on the confession of A1; and that custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned VI-Judicial Magistrate, Coimbatore, on condition that the petitioner shall Page No.3 of 6
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, on further condition that:
[a] 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;
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 Page No.4 of 6
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 reported in [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S 05.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No dpa To
1. The Inspector of Police, Vadavalli Police Station, Coimbatore.
2.The VI-Judicial Magistrate, Coimbatore.
2. The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN, J.
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