J.I. Mohammed Al Fathaq v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN J I Mohammed Al Fathaq ... Petitioner(s) /Accused Vs.
The State, Rep by the Inspector of Police, M-1, Madhavaram Police Station, Chennai District.
... Respondent(s)/ Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to grant an order of anticipatory bail in the event of arrest of the petitioner in connection with Crime No.125 of 2025 pending investigation on the file of the respondent police. For petitioner(s) : Mr.Bharath Kumar For Respondent(s) : M/s.J.R.Archana, Government Advocate (Crl.Side) Page No.1 of 7
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(A), 22(b) and 29(1) of NDPS Act, 1985, in Crime No.125 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that, the co-accused was found in illegal possession of 80 grams of Ganja and 7 grams of Methamphetamine and the petitioner was implicated based on the confession of the co-accused.
3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and prayed for anticipatory bail to the petitioner.
4. 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 on instructions submitted that Page No.2 of 7
the petitioner has no bad antecedents.
5. Considering the nature of allegations; that the petitioner is sought to be implicated based on the confession of the co-accused; that the contraband seized from the co-accused is intermediate quantity; 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.
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 on which the order copy made ready, before the learned Principal Court of Special Cases for NDPS & EC Act, Chennai, on condition that the petitioner shall execute a separate 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 Page No.3 of 7
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.
[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 Page No.4 of 7
released on bail by the learned Magistrate/ Trial Court himself as laid down by the Hon'ble Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in (2005) AIR SCW 5560.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 09.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. Inspector of Police, M-1, Madhavaram Police Station, Chennai District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Principal Court of Special Cases for NDPS & EC Act, Chennai, Page No.5 of 7
SUNDER MOHAN, J.
skr Page No.6 of 7
09.04.2025 Page No.7 of 7