Vasanth @ Vasantharaj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.05.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR CRL. O.P.No.15577 of 2025 Vasanth @ Vasantharaj ... Petitioner Vs State Rep. By the Station House Officer, Orleanpet Polcie Station, Puducherry.

(Crime No. 174 of 2020)

...Respondent

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 174 of 2020 pending on the file of the respondent police.

For petitioner :

M/s.Yuva Raj For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 20(b)(ii)(B) r/w 8(c) of NDPS Act 1985 @ 20(b)(ii)(B) r/w 8(c) of NDPS Act 1985 r/w 3(5) of BNS (34 of Indian penal Code) in Crime No.174 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2.

The case of the prosecution is that the petitioner/A2, along with the other accused persons, was found in possession of ganja in a polythene bag weighing 1.3 Kilograms. Hence, the complaint. 3.

The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and has not committed any such offence as alleged by the prosecution. He further submits that he has been falsely implicated in this case. However, on instructions, the learned counsel states that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. He also submits that the petitioner became aware of the charge sheet and the case, numbered as Spl.S.C.No. 6 of 2025 on the file of the learned Special Judge (Under NDPS Act) III Additional Sessions Judge at Puducherry only upon receiving the summons. Since the petitioner has not obtained anticipatory bail, a non bailable warrant was issued against him. Therefore, he prays to grant anticipatory bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that a non-bailable warrant has already been issued against the petitioner. 2/5

He further submitted that the petitioner has not cooperated with the investigation and has been evading arrest which necessitated the issuance of the warrant. Considering the nature and gravity of the offence, he opposed to grant anticipatory bail to the petitioner. 5.

This Court has considered the submission of both sides and perused the material available on records. 6.

Taking note of the facts and circumstances of the case, the nature of the allegation against the petitioner, gravity of the offence, submissions made by the learned counsels on either side and the fact that a non-bailable warrant has already been issued against the petitioner, this Court is declined to grant anticipatory bail to the petitioner. 7.

According, this Criminal Original Petition stands dismissed. 22.05.2025 nsl/stn 3/5

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 official website of this Court will be watermarked and will also have a QR code.

To:

1.

The Station House Officer, Orleanpet Polcie Station, Puducherry.

2.

The Public Prosecutor, Madras High Court.

4/5

N.SENTHILKUMAR, J.

nsl/stn CRL. O.P. NO. 15577 of 2025 22.05.2025 5/5