Sanjay v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN SANJAY S/o.Selvaraj, No.11/7, Kottai Colony, Arcot Taluk, Ranipet District.
Petitioner(s) Vs The State by, The Inspector of Police, Arcot Town Police Station, Ranipet District.
Crime No. 58 of 2025.
Respondent(s) For petitioner (s): Mr.Thirumoorthy D 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 Section 123 of BNS Act and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015,Crime No. 58 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the the petitioner was found in
possession of 1 strip of tapentadol tablet (9 tablets). Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that based on the confession statement of A1, he has been implicated in this case and that he is ready to abide by any conditions that may be imposed by this Court and hence, prayed for anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case.
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.
6. Considering the submissions made on either side; nature of allegation; that the contraband was seized; that based on the confession statement of the co-accused the petitioner was implicated in this 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 subject to the following conditions:
(a) Accordingly, the petitioner are 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 Judicial Magistrate Arcot 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 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 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.
19.02.2025 vca
SUNDER MOHAN, J.
vca The State by, The Inspector of Police, Arcot Town Police Station, Ranipet District.
Crime No. 58 of 2025.
19.02.2025