Ananthavalli v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Ananthavalli Petitioner Vs State rep. by Inspector of Police, P-1, Pulianthope Police Station, Chennai - 600012.
Crime NO.212/2025 Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on Bail pending investigation in the above Crime No.212 of 2025, on the file of the Inspector of Police, P-1 Pulianthope Police Station, Chennai - 600 012 and thus render justice.
For Petitioner:
Mr.P.Santhosh For Respondent(s):
Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 24.05.2025, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985, in connection with Crime No.212 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 1.200 kgs of Ganja. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence, however, he is suffering incarceration from 24.05.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that there are totally seven accused and the petitioner is arrayed as A1 in this case. He further submitted that the contraband has been seized from the petitioner. Hence, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on her executing 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 learned X Metropolitan Magistrate, Egmore, Chennai, and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent Police, everyday at 05.00 p.m., for a period of three weeks and thereafter, as and when required for further interrogation;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with
law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
gbi 19-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.State rep. by Inspector of Police, P-1, Pulianthope Police Station, Chennai - 600012.
Crime NO.212/2025.
2.The Superintendent Central Prison for Women, Puzhal, Chennai.
3.The X Metropolitan Magistrate, Egmore, Chennai.
4.The Public Prosecutor, High Court of Madras, Madras
M.NIRMAL KUMAR J.
gbi CRL OP No. 17598 of 19-06-2025