V. Raj v. The State Rep.By Its, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4456 of 2025 V. Raj S/o. Veeran ... Petitioner/Accused Vs.

The State represented byThe Sub-Inspector of Police, Elavanasoorkottai Police Station, Ulundurpet, Kallakurichi istrict.

(Crime No.31 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.31 of 2025 on the file of the respondent police.

For Petitioner : Mr.P. Jayachandran 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) and 20(b),(ii),(A) of NDPS Act in connection with the case in Crime No.31 of 2025, 1/6

seeks anticipatory bail.

2. The case of the prosecution is that on secret information, the respondent police found certain accused in illegal possession of 5 polythene envelopes with leaves and flowers weighing 10 grams each totalling 50 grams of Ganja.

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 he 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 no previous cases pending against him.

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

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6. Considering the nature of allegations, the fact that no contraband was seized from the petitioner, he is sought to be implicated based on the confession of the co-accused, the petitioner has no other previous case 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 Judicial Magistrate No.I, Ulundurpet 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 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. 3/6

[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 Section 269 B.N.S.

20.02.2025 mjs To 1.The Judicial Magistrate No.I, Ulundurpet.

2. The Public Prosecutor, High Court, Madras.

3. The Sub-Inspector of Police, Elavanasoorkottai Police Station, Ulundurpet, 4/6

Kallakurichi istrict.

SUNDER MOHAN., J.

mjs Crl.O.P.No.4456 of 2025 20.02.2025 5/6

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