Mohammed Roshan S v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10906 of 2025 Mohammed Roshan.S .. Petitioner Vs.

The State rep by The Inspector of Police, B-1, Bazzar Police Station, Coimbatore, Tamil Nadu 641 1001 (Crime No.109 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.109 of 2025 on the file of the respondent Police. For Petitioner : M/s.Manuraj for S.Jeeva For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 8(c), 22(b), 25, 29(1) of NDPS Act of 1985 in Crime No.109 of 2025, seeks anticipatory bail. Page No.1 of 6

2.

The case of the prosecution is that based on a secret information, the respondent intercepted a vehicle and found that the first accused was in possession of 2.25 grams of Methamphetamine; that on confession of the first accused, it was revealed that first accused along with other accused had purchased the contraband from the petitioner. 3.

The learned counsel appearing for the petitioner submitted that the allegations are false and the petitioner is sought to be implicated on the confession of co-accused; that the contraband seized from the co-accused was intermediate quantity and that in any case, custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioner. 4.

The 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 submitted that the petitioner was implicated on the confession of the first accused; that the petitioner has no bad antecedents.

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5.

Considering the nature of allegations, no contraband was seized from the petitioner, the petitioner is sought to be implicated on the confession of the co-accused, the contraband seized from the co-accused was 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 his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Additional District/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 condition that: Page No.3 of 6

[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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 BNS.

15.04.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6

To 1.The Inspector of Police, B-1, Bazzar Police Station, Coimbatore, Tamil Nadu 641 1001.

2.The Additional District/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

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