Nathiya v. The State Of Tamil Nadu Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Nathiya W/o. Arumugam, No.187, A Block, 1st Street, S.S.Puram, Perambur Barracks, Chennai- 600 012.
Petitioner(s) Vs The State Of Tamil Nadu Rep.By, The Inspector Of Police, G-5 Secretariat Colony Police Station, Chennai. (Crime No. 45 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No.45 of 2025 on the file of the Respondent. For Petitioner(s):
Mr. G Azhagiri For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner / A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 275, 123 of BNS and 24(1) of COPTA Act in Crime No.45 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, based on the information received from the secret informer about the illegal selling of Mava packets, the respondent police arrived at the crime place and seized 1,500 packets of Mava from A1; that the petitioner is A3 and A1 is a seller to the general public and there is no recovery from the petitioner.
3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no previous case.
5. Considering the nature of allegations, the fact that the petitioner has no bad antecedents and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 copy of this order, before the learned II Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute 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 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 as and when required for interrogation.
[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 B.N.S. 05-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State Of Tamil Nadu Rep.By, The Inspector Of Police, G-5 Secretariat Colony Police Station, Chennai. (Crime No. 45 of 2025)
SUNDER MOHAN, J.
AT CRL OP No. 6188 of 05-03-2025