Anandhan @ Karuppu Anand v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Anandhan @ Karuppu Anand ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, R-10 M.G.R. Nagar Police Station.

Chennai District.

(Crime No.42 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.42 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. V. Vijaya Kumar For Respondent : Ms. J.R. Archana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 04.02.2025, seeking bail in Crime No.42 of 2025 registered for the offence under Sections 8(c), 20(b)(ii)(B), 25 and 1/6

29(1) of NDPS Act.

2. The case of the prosecution is that based on secret information, the A1 was found in possession of 2 kgs of Ganja; and that contraband has been seized. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that contraband has been seized from the co-accused A1; that no contraband was seized from the petitioner; that based on the confession of A1, the petitioner has been implicated in this case; and that in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that the contraband has been seized from A1; that based on the confession of A1, this petitioner is sought to be implicated in this case; that the petitioner 12 previous cases, out of which, one case is under NDPS Act for the possession of small quantity of contraband; that the petitioner is on bail in all the previous cases; and that charge sheet has been filed.

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5. Considering the aforesaid facts, nature of allegations, period of incarceration, the fact that the petitioner is on bail in other previous cases, no recovery is made from this petitioner, the contraband has been seized from the coaccused, the petitioner is sought to be implicated based on the confession of the co-accused and charge sheet has been filed, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the XVII Metropolitan Magistrate Court, Saidapet, Chennai.

[a] 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 3/6

Police, daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

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

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1. The XVII Metropolitan Magistrate Court, Saidapet, Chennai. 2.The Inspector of Police, R-10 M.G.R. Nagar Police Station, Chennai District.

3. The Superintendent of Police, Central Prison-II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

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