Barath Alias Barath Raj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.10324 of 2025 Barath @ Barath Raj S/o. Ramesh Babu ....Petitioner/Accused Vs The State represented by The Inspector of Police, F-4, Thousand Light Police Station Chennai ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.80 of 2025, on the file of the respondent police.

For Petitioner : Mr. R. Lingakumar For Respondent : Mr. S. Santhosh Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 22(a), 25 and 29(1) of NDPS Act, in Crime No.80 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that on 23.02.2025, the accused 1 and 2 were found in possession of 1.5 gram of Methamphetamine and that the first accused had confessed that the petitioner had supplied the contraband to the first accused. Hence the case.

3. The learned counsel appearing for the petitioner would submit the petitioner is innocent; that he was not involved in the offence; that he has been implicated based on the confession of the first accused; and that the petitioner is ready to furnish solvent sureties and to abide by any conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband was seized from the co-accused and that the petitioner has no bad antecedent.

5. Considering the fact that the contraband seized from the coaccused was small quantity; that the petitioner has been implicated based on the confession of the first accused; and that the petitioner 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. 6.

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 made ready, before the learned XIV Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a 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 3/6

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, everyday 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 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]. 4/6

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 07.04.2025 bga To

1. The XIV Metropolitan Magistrate, Egmore, Chennai,

2. The Inspector of Police, F-4, Thousand Light Police Station Chennai

3. The Public Prosecutor, High Court, Madras. 5/6

SUNDER MOHAN, J.

bga Crl.O.P. No.10324 of 2025 07.04.2025 6/6