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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Sunil S/o.Dhandapani, No.411, Thendral Nagar, Nesal Post, Nesal, Tiruvannamalai-632316.

Petitioner Vs The State Rep by, The Inspector of Police, Arni Taluk police station, Tiruvannamalai District. (Crime No.354 of 2024) Respondent Prayer:

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner / Accused on anticipatory bail in Crime No.354 of 2024 pending on the file of the respondent police.

For Petitioner(s):

Kalaikumar S For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341,294(b),506(1) of IPC, 7(1)(A) of Criminal law Amendment Act, 2005 and 8(c), 20(b)(ii)(B) in NDPS Act, in Crime No.354 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that 100 grams of ganja was seized from the accused person and based on his confession statement, the petitioner was arrayed as accused. 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; the petitioner was arrayed as accused only based on the confession statement of coacused; and that as the co-accused was arrested and released on bail, he may be released on anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions would submit that the petitioner was arrayed as accused based on the confession of the other co-accused, co-accused was arrested and released on bail and there are three previous cases as against the petitioner and hence, opposed for grant of anticipatory bail to 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.

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6. Considering the submissions made on either side and also nature of allegation, the fact that the co-accused was arrested and released on bail, the petitioner was implicated based on the confession of the other accused who was in possession of 100 gms of ganja, that the contraband was recovered, considering the quantity of the contraband seized and since custodial interrogation of the petitioner is not required, 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 Judicial Magistrate, Arni on condition that the petitioners 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 every day 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 3/4

SUNDER MOHAN, J.

vca 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.

12-02-2025 vca To 1.

The learned Judicial Magistrate, Arni 2.

The Inspector of Police, Arni Taluk police station, Tiruvannamalai District.

(Crime No.354 of 2024) 3.

The Public Prosecutor, High Court, Madras 4/4