Imran @ Imran Khan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Imran @ Imran Khan ... Petitioner -vsThe State Represented by, The Inspector of Police, C2 - Elephant Gate Police Station, Chennai - 600 001.
(Crime No.203 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.203 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.R.Nagaraj For Respondent :
Mr.A.Gopinath, Government Advocate (Crl.Side) ******** 1/6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 8(c), 22(b), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.203 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on 19.04.2025, on receipt of a secret information about illegal transportation of Narcotic substances, the SubInspector of Police along with the Police team conducted a vehicle check up, during which, the accused was found to be in possession of 6 numbers of MDMA, tablets, totally weighing 4 grams and the respondent have seized the contraband and based on the confession of A1 and A2, the petitioner herein was arrested. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and that the petitioner is sought to be implicated based on the confession of the co-accused. He further submitted that even as per the prosecution, the alleged contraband is only an intermediate quantity. Hence, he prays for grant of anticipatory bail to the petitioner. 2/6
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally three accused in this case and the petitioner herein is ranked as A3. He further submitted that the petitioner along with other accused were found to be in illegal possession of 6 numbers of MDMA, tablets, totally weighing 4 grams. He would further submit that there is one previous case, similar in nature, pending against the petitioner and he is on bail in that case. However, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the arguments from both sides, the nature of the offence, the petitioner is sought to be implicated based on confession of coaccused, the petitioner is on bail in previous case and considering the fact that the alleged contraband said to have been recovered from the petitioner is an intermediate quantity and also considering other relevant aspects, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6
7. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory 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 VIII Metropolitan Magistrate Court, George Town, Chennai, 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 learned Magistrate concerned and on further condition that: (a) the petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m, from Monday to Friday and shall further appear before the respondent police at 10.30 a.m., on every Saturday and Sunday until further orders.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial. [d] 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 4/6
Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
21.05.2025 drl "Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code." To 1.The Inspector of Police, C2 - Elephant Gate Police Station, Chennai - 600 001.
2.The Public Prosecutor, High Court, Madras.
3.The VIII Metropolitan Magistrate Court, George Town, Chennai.
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N.SENTHILKUMAR,J drl 21.05.2025 6/6