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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6341 of 2025 Sakthivel .. Petitioner Vs.

The State rep by The Inspector of Police, MKB Nagar Police Station, Chennai District.

(Crime No.124/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.124 of 2025 on the file of the respondent Police.

For Petitioner : M/s.Narayana Prasadh For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Page No.1 of 6

police for the offences punishable under Section 8(c) r/w 20(b)(ii)(A), 25 and 29(1) of NDPS Act and Section 132 of BNS in Crime No.124 of 2025, seeks anticipatory bail.

2.

The case of the prosecution is that, based on secret information, the respondent police found that A1 to A4 were in possession of 350 grams of Ganja, and from their confession, it was revealed that the petitioner supplied the same.

3.

The learned counsel appearing for the petitioner submitted that the allegations are false; that there is nothing on record against the petitioner except the confession of co-accused; and that the petitioner has no bad antecedents and prayed for anticipatory bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and confirms the fact that, apart from the confession, there is no other material connecting the petitioner Page No.2 of 6

with co-accused.

5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.

Considering the fact that A1 to A4 were found in possession of small quantity of contraband, the petitioner is sought to be implicated only on the confession of co-accused and has no bad antecedents 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 with certain conditions.

7.

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 on which the order copy is made ready, before the Learned X Metropolitan Magistrate Court, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent Page No.3 of 6

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 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 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

06.03.2025 Index : Yes / No Internet : Yes / No Page No.4 of 6

dpa To 1.The Inspector of Police, MKB Nagar Police Station, Chennai District.

2.The Learned X Magistrate Court, Egmore.

3.The Public Prosecutor, Madras High Court, Chennai.

Page No.5 of 6

SUNDER MOHAN , J.

dpa Crl.O.P.No.6344 of 2025 06.03.2025 Page No.6 of 6