N. Arun Balaji v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.10508 of 2025 N. Arun Balaji S/o. Natarajan ....Petitioner/Accused 4 Vs The State represented by The Inspector of Police, V-7, Nolambur Police Station Chennai Crime No.48 of 2025 ....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.48 of 2025, on the file of the respondent police.
For Petitioner : Mr.M. Jaikumar For Respondent : Mr. S. Balaji 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(b), 29(1) of NDPS Act, in Crime No.48 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution is that, on secret information, the first accused was arrested and from him 2.13 grams of Methamphetamine was seized; that on his confession it was revealed that he purchased the contraband from A3 and that A3 had confessed that the petitioner is also involved in the offence.
3. The learned counsel appearing for the petitioner would submit that the allegations are false; that the petitioner is implicated only on the confession of the co-accused and that the petitioner has no bad antecedents and prayed for anticipatory bail to the petitioner. 2/6
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and confirmed that the petitioner is implicated on the confession of A3; that no recovery was made from the petitioner and that the petitioner has no bad antecedents.
5. Considering, the fact that the petitioner is implicated on the confession of the co-accused; that he has no bad antecedents and that no seizure was made from the petitioner, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, 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 Judicial Magistrate, Ambattur, 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 satisfaction of the 3/6
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 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. 08.04.2025 bga To
1. The Judicial Magistrate, Ambattur.
2. The Inspector of Police, V-7, Nolambur Police Station Chennai
3. The Public Prosecutor, High Court, Madras. 5/6
SUNDER MOHAN, J.
bga Crl.O.P. No.10508 of 2025 08.04.2025 6/6