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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Jothi ... Petitioner/ Accused No.3 Vs.

The State Rep. By, The Inspector of Police, P-1, Puliyanthope Police Station, Chennai District.

(Crime No.36 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.36 of 2025, pending investigation on the file of the respondent.

For Petitioner : Mr. P. Muthamizhselvakumar For Respondent : M/s. J. R. Archana Government Advocate (Crl. Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.36 of 2025 registered for the alleged offences punishable under Sections 296(b), 324(2), 125, 132, 351(3) of BNS, 2023 and Section 25(1)(a) of Arms Act, 1959, Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act, is on board for consideration. 2.

The case of the prosecution is that the accused persons/ A1 and A2 were threatening the public with knife and soda bottles; that upon receiving the information, the respondent police went to the place of occurrence and found that A1 was in illegal possession of 1.400 kilograms of ganja and they threatened the respondent police with the knife; that upon confession of the arrested accused, it is revealed that the petitioner also involved in the illicit transportation and sale of contraband. Hence, this case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent, she has been falsely implicated in this case based on the confession of the co-accused and she has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded 2/6

to judicial custody on 05.03.2025; that the alleged possession is either of intermediate quantity or small quantity; and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and ready to co-operate for the investigation and prayed for bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instruction submitted that totally there are 3 accused and the petitioner is arrayed as A3, based on the confession of the co-accused; that the contraband seized from the co-accused is 1.400 kilograms of ganja; that the petitioner has no bad antecedents; and that the investigation is pending.

5.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that the petitioner has no bad antecedents and implicated only based on the confession of the coaccused, the contraband seized from the co-accused, the period of incarceration undergone by the petitioner and since further custody of the petitioner is not required for the purpose of investigation, this Court is 3/6

inclined to grant bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail on her 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 Court, Egmore and on further conditions that: [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 once a week (i.e.,) on every Monday 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 4/6

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.

26.03.2025 stn To

1. The X Metropolitan Magistrate, Egmore.

2. The Inspector of Police, P-1, Puliyanthope Police Station, Chennai District.

(Crime No.36 of 2025)

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

5/6

SUNDER MOHAN, J.

stn 26.03.2025 6/6