Anbalagan Alias Karimedu Anbu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Anbalagan @ Karimedu Anbu ... Petitioner Vs.

The State represented by, The Inspector of Police, P5 MKB Nagar Police Station, Chennai.(Crime No.97 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.97 of 2025, pending investigation on the file of the respondent Police. For petitioner : Mr.P.Krishna Moorthy For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who were arrested and remanded to judicial custody on 15.02.2025, seeking bail in Crime No.97 of 2025 registered for the offence under Sections 296(b), 132, 109 of the BNS and 8(c) r/w 20(b)(ii)(B) of the NDPS Act, 1985 & 25(1) (a) Arms Act.

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2. The case of the prosecution is that the petitioner along with the other accused were found in possession of 2kgs of ganja Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case and since custodial interrogation of the petitioner is not required for the purpose of investigation, he sought for grant of bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that there are 16 previous cases as against the petitioner and opposed for grant of anticipatory bail to the petitioner.

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.

6. Considering the nature of allegation, period of incarceration; that the contraband were seized; that there is one NDPS case against the 2/4

petitioner, which was registered in the year 1995; that the petitioner did not commit any offence for the past 5 years and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore Court.

[a] 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, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 3/4

SUNDER MOHAN., J.

vca 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 B.N.S. 14.03.2025 vca To 1.X Metropolitan Magistrate, Egmore Court.

2. TheThe Inspector of Police, P5 MKB Nagar Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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