Prakash v. The State Rep.By., The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Prakash ... Petitioner Vs.

State rep. by The Inspector of Police T-12, Poonamallee Police Station Thiruvallur District Crime No. 994 of 2024 ... 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 his arrest by the respondent police in Crime No.994 of 2024 pending investigation on the file of the respondent police.

For Petitioner :

Mr.Balaji.T For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest for the alleged offences under Sections 132 of BNS, 2023 and under Sec.42 of Prisons Act r/w Sec.8(c), 20(b) 1/6

(ii)(A) NDPS Act, in Crime No.994 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A6 was found in illegal possession of 5 packets of beedi. Hence the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He further submits that at the time of occurrence, the petitioner was appeared in S.C No.187 of 2013 pending before the II Additional City Civil Court, CHennai and thereafter, returned back to jail. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner was found in illegal possession of 5 packets of beedi. He further submitted that the petitioner was a remand prisoner in Crime No.793 of 2024. Hence, he opposed for grant of anticipatory bail to the 2/6

petitioner.

5. Heard both sides and perused the materials available on record.

6. When the petitioner was in custody, he has committed the said offence. Thereafter, the petitioner was detained under the Goondas Act 1982. Now, the petitioner apprehends arrest.

7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Poonamallee, 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 learned Magistrate concerned and on further 3/6

condition that:

[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 Police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for further interrogation; [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 of B.N.S.

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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 Judicial Magistrate No.II, Poonamallee

2. The Inspector of Police T-12, Poonamallee Police Station Thiruvallur District

3. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

uma 23.06.2025 6/6