Karthi v. State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Karthi Petitioner(s) Vs State rep by Inspector of Police Peranamallur Police station, Tiruvannamalai Dist. Crime No.
108/2025.
Respondent(s) 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 pending investigation in Crime No.108/2025 on the file of respondent and thus render justice.
For Petitioner(s):
Mr.Balakrishnan R For Respondent(s):
M/s.V. Meganathan Ga (crl .Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 275, 123 of BNS r/w 24(1) of COTPA Act-2003, in Crime No.108 of 2025, on the file of the respondent, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner/accused No.2 was in possession of 9 Ans packets, each packet contained 20 grams and 1 packet cool lip. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that the co-accused was arrested and released on bail and since custodial interrogation of the petitioner for the purpose of investigation is not required, he prayed for grant of anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent reiterated the prosecution case and on instructions submitted that the co-accused has been released on bail and hence, opposed for grant of anticipatory bail.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6. Considering the submissions made on either side; nature of allegation; that the co- accused was granted bail; and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Cheyyar 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 said Magistrate, failing which, the petition for
anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent police every day at 10:30 a.m., for a period of three weeks and thereafter as and when required; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner 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 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 BNS.
03-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State rep by Inspector of Police Peranamallur Police station, Tiruvannamalai Dist. Crime No.
108/2025.
2.The Judicial Magistrate, Cheyyar.
3.The Public Prosecutor, High Court of Madras, Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 17534 of 03-07-2025