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Madras High CourtCRL OP/15693/2024granted

Sanjala v. State Rep. By

2024-07-08Honourable Mrs Justice T.V.Thamilselvi5 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 8(c), 22(b) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.178 of 2024, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner/A2, is the mother of A1 in Crime No.178 of 2024. He also submitted that the petitioner has been falsely implicated in this case, as if she also conspired with the other accused in illegal possession of 2 strips of NITRAVET - 10 and 2 strips of TYDOL tablets. He further submitted that she is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 3 accused involved in this case and totally 2 strips of NITRAVET - 10 and 2 strips of TYDOL tablets was recovered,

which is a small quantity. He also submitted that the petitioner was also selling the tablets along with A1, however, there was no recovery from her. He would submit that if she is released on bail, she would hamper the investigation and tamper the witnesses. Hence, he strongly opposed to grant bail to the petitioner. 4.Taking into consideration the facts of the case and the submissions made by the learned counsels, and also the fact that investigation is almost completed, and there is no previous case pending against her, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.

Accordingly, the petitioner is ordered to be released on anticipatory bail, in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Court for EC and NDPS Act Cases at Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.

petition for anticipatory bail shall stands dismissed and on further condition that: [a] the petitioner shall deposit a total sum of Rs.10,000/- to the credit of "Anignar Anna Government Hospital of Indian Medicine A/c.110101106507, Canara Bank, IFSC Code: CNRB0016021 (Siddha) Aminjikarai, Chennai - 600 029" and shall produce the said receipt before the Court below.

[b] the petitioner 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;

[c] the petitioner shall report before the respondent police alternative days at 10.30 a.m. for a period of eight weeks and thereafter, as and when required for interrogation;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 08.07.2024 mac

T.V.THAMILSELVI,J.

mac 08.07.2024