Deepan Alias Deepan Kumar v. State Rep The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.03.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Deepan @ Deepan Kumar ... Petitioner / Accused-2 Vs State rep. by:- The Inspector Of Police, PEW Cuddalore Police Station, Cuddalore.
... Respondent [Cr. No.55 of 2025 ] 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.55 of 2025 on the file of the respondent police. For Petitioner : Mr.D. Ashok Kumar For Respondent : Mr. S. Balaji Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest at the hands of the 1/6
respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(A) of NDPS Act and Section 123 of B.N.S. in connection with the case in Crime No.55 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on secret information, the 1st accused was found in illegal possession of 200 grams of Ganja, 50 tablet strips each containing 10 tablets without name and seal and Rs.34,000/- and that based on the confession of A1, the petitioner and other accused have been implicated.
3. Learned counsel for the petitioner would contend that the petitioner is innocent; that he has been falsely implicated, based on the confession of the co-accused; that no contraband was recovered from this petitioner; that in any case, the custodial interrogation of the petitioner is not required in this case and hence prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), on 2/6
instructions, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the petitioner has five previous cases, among which, one case is of similar nature for the possession of intermediate quantity and the remaining cases were registered for the offences under IPC; that the petitioner is on bail in all the other cases; that the co-accused were arrested and released on bail; and that contraband has been seized.
5. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the contraband was seized and no recovery of contraband was made from this petitioner, he has been implicated based on the confession of the co-accused, the petitioner is on bail in all the other previous cases, co-accused were already granted bail 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.
6. 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 3/6
from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Cuddalore on condition that 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. [b] the petitioner shall report before the respondent police daily 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 4/6
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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
24.03.2025 mjs To 1.The Judicial Magistrate-II, Cuddalore.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector Of Police, PEW Cuddalore Police Station, Cuddalore. SUNDER MOHAN. J., mjs 5/6
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