Stalin v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.19882 of 2025 Stalin ... Petitioner Vs.

State rep by its Inspector of Police, Nettapakkam Police Station, Puducherry.

... Respondent (Cr.No.65 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of their arrest by the respondent police concerned in Crime No.65 of 2025 pending investigation on the file of the Inspector of Police, Nettapakkam Police Station, Puducherry.

For Petitioner : Mr.H.Manojin for Mr.A.T.Anbu Kumar For Respondent : Mr.K.S.Mohandass Public Prosecutor(Puducherry) 1/5

ORDER

The petitioner, who apprehends arrest for the alleged offence under Section 20(b)(ii) A, 8(c) of Narcotic Drugs and Psychotropic Substances Act-1985 and under Section 77 Juvenile Justice (Care and Protection of Children) Act, 2015 in Cr.No.65 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner herein had supplied the ganja packets to A1 to A3 and the same was sold by them to the various school and college students. Hence, the present case.

3. The 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 working in Bangalore and he has no previous case. Hence, he prayed that anticipatory bail may be granted to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that 350 grams of ganja was seized from the petitioner and he is not having any previous case. However, he opposed the grant of anticipatory bail to the petitioner.

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5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the submissions made by both counsel, and taking note of the fact the quantity of ganja seized is only 350 grams and there is no previous case against the petitioner, I am inclined to grant anticipatory bail to the petitioner.

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 made ready, before the learned Judicial Magistrate-I, Puducherry 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 condition: (a) If the petitioner failed to surrender before the concerned 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; 3/5

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

07.10.2025 Vv To

1. The Judicial Magistrate-I, Puducherry.

2. The Inspector of Police, Nettapakkam Police Station, Puducherry.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.19882 of 2025 07.10.2025 5/5