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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Manjula W /o Murugan, Anna Nagar, Bommikuppam, Thirupattur, Vellore District.

..Petitioner(s) Vs The State Rep, by Inspector of Police, Tirupattur Taluk Police station, Tirupattur District.

(Crime No.693/2024) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest a case in Crime No.693 of 2024 on the file of the Respondent. For Petitioner(s):

Mr.C. Deepak Kumar For Respondent(s):

Mr.N.Palanivel, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B), 29(1) of NDPS Act, in Crime No.693 of 2024, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner along with other accused were found in illegal possession of 7.900 kilograms of ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner had earlier granted anticipatory bail by this Court in Crl.O.P.No.31297 of 2024 dated 19.12.2024. However, due to her financial position and also due to health condition, she was unable to execute the sureties in time and the order has got lapsed. He further submit that the petitioner is prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioner was already granted anticipatory bail by this Court in Crl.O.P.No.31297 of 2024 on 19.12.2024. He would further submit that he failed to execute the sureties within time and thereby, the earlier order has got lapsed. Hence, he opposed to grant anticipatory bail to the petitioner.

5. At this juncture, it is also appropriate to extract the earlier order, which reads as follows:

Apprehending arrest in connection with Crime No.693 of 2024 registered for the offences punishable under Sections 8 (c), 20(b) (ii) (B) 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, the present petition has been filed by the petitioners seeking anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons were found in possession of 7.900 kilograms of Ganja illegally. Hence the complaint.

3. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that based on the confession statement given by the 4 th accused, the petitioners were added as accused. He further submits that no previous cases are pending against them. He also submits that the petitioners, without prejudice to the defence and contention, are ready and willing to deposit a sum of Rs.5,000/- each to any welfare scheme of the Government or any other organization. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.

4. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners along with other accused persons were found in possession of 7.900 kilograms of Ganja illegally. He further submits that there is no previous cases are pending against the petitioners. 4. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.5,000/- each (Rupees Five Thousand only) to the credit of the District Legal Services Authority, Tirupathur District, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5. Further, having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on

their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tirupathur, on condition that the petitioners 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, 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 report before the respondent police everyday 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].

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

6. In view of the earlier order granting anticipatory bail to the petitioner in Crl.OP.No.31297 of 2024 dated 19.12.2024, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to very same conditions.

7. 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 on which the order copy is made ready, before the learned Judicial Magistrate No.II, Tirupathur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police daily at 10.30 am until further orders; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

02-06-2026 DRL To 1.The Judicial Magistrate No.II, Tirupattur.

2.The Inspector of Police, Tirupattur Taluk Police station, Tirupattur District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 02-06-2026