Sarath v. The State Of Tamil Nadu, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.Nos.11750, 11242 & 11304 of 2025 Sarath .. Petitioner/A11 in Crl.O.P. No.11750 of 2025 P.Ajithkumar .. Petitioner/A8 in Crl.O.P. No.11242 of 2025 S.Balaji Babu .. Petitioner/A9 in Crl.O.P. No.11304 of 2025 Vs.

The State rep by The Inspector of Police, P-5 MKB Nagar Police Station, Chennai.

(Crime No.183 of 2025) .. Respondent in all Crl.O.Ps COMMON PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of his arrest in Crime No.183 of 2025 on the file of the respondent Police.

For Petitioners : Mr.G.Azhagiri in Crl.O.P. No.11750 of 2025 Page No.1 of 6

Mr.P.Arumugavel in Crl.O.P. No.11242 of 2025 Mr.S.Lokesh in Crl.O.P. No.11304 of 2025 For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) in all Crl.O.Ps.

COMMON ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 8(c) r/w 22(b), 29(1) of NDPS Act in Crime No.183 of 2025, seek anticipatory bail. 2.

The case of the prosecution is that the accused 1 to 7 were found in illegal possession of 10 Nitravet Tablet weighing 100 grams and 19 Tapendol Hydorchloric Tablet weighing 190 grams; that the confession statement of the first accused revealed that the petitioners were also involved in the said offence. Hence the case. 3.

The learned counsel appearing for the petitioners submitted that the allegations are false; that the petitioners are sought to be implicated only on the confession of co-accused; that no contraband was recovered from Page No.2 of 6

these petitioners and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the petitioners are sought to be implicated only on the confession of coaccused; that the petitioners have one previous case each. 5.

Considering the nature of allegations, the fact that no recovery was made from these petitioners and the contraband has been seized and based on the confession of the co-accused, the petitioners are sought to be implicated, though the petitioners have one previous case, they are on bail in that case and since, custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days Page No.3 of 6

from the date on which the order copy is made ready, before the X Metropolitan Magistrate Court, Egmore on condition that the petitioners shall execute a separate 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: [a] the petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

22.04.2025 Index : Yes / No Internet : Yes / No rkp To 1.The Inspector of Police, P-5 MKB Nagar Police Station, Chennai.

2. The X Metropolitan Magistrate, Egmore.

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

Page No.5 of 6

SUNDER MOHAN , J.

dpa Crl.O.P.Nos.11750, 11242 & 11304 of 2025 22.04.2025 Page No.6 of 6