Rishi @ Rishi Karan v. State Rep By

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 8(c), 20(b)(ii)(B), 25, 29(1) of NDPS Act in Crime No.209 of 2023 on the file of the Respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 21.07.2023, when the respondent police was on regular patrol, they found that the petitioner along with accused were found to be in possession of 1.250 grams of ganja. Hence the complaint.

3.The learned Counsel for the Petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case based on the confession of the co-accused. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner. 4.The learned Government Advocate (Crl. Side) for the Respondent would submit that there are totally 7 accused in this case. He would submit that the accused 1 to 6 were arrested and were enlarged on bail. He would also submit that the matter is under investigation. Hence, he opposed to grant anticipatory bail to the Petitioner.

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5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the nature and gravity of the alleged offence, this Court is inclined to grant anticipatory bail to the Petitioner with certain 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 days from the date on which the order copy made ready, before the learned VII Metropolitan Magistrate, George Town, Chennai 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] 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;

[b] the Petitioner shall report before the Respondent Police, daily at 10.30 a.m., until further orders; 2/ 4

[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 aforenrd 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 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 229A IPC.

27.09.2023 nr 3/ 4

RMT.TEEKAA RAMAN, J.

nr 27.09.2023 4/ 4