G.Lathish Kumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.22239 of 2025 G.Lathish Kumar ... Petitioner Vs.

State Rep. by The Inspector of Police, V-1, Villivakkam Police Station, Chennai District.

... Respondent (Cr.No.406 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Cr.No.406 of 2025 on the file of the respondent police.

For Petitioner : Mr.S.Kalaimani For Respondent : Mr.S.Udhayakumar Government Advocate (Crl. Side)

O R D E R

The petitioner herein apprehending arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(A), 29(1) of NDPS Act, in Crime No.406 of 2025, seek anticipatory bail.

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2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 160 grams of Ganja. Hence, the case.

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. He would further submit that no seizure was made from the petitioner and he is ready to abide any condition imposed by this Court. Hence, he prays for the grant of anticipatory bail.

4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner along with other accused was found to be in illegal possession of 160 grams of ganja. He would further submit that the petitioner is having one previous case similar in nature.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, also considering the contraband seized from the accused persons is only a small quantity, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/6

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned XIII - Metropolitan Magistrate, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix his 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 his identity;

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

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K.RAJASEKAR , J.

kmm [d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27.10.2025 kmm To

1. The XIII Metropolitan Magistrate, Egmore.

2. The Inspector of Police, V-1, Villivakkam Police Station, Chennai District.

3.The Public Prosecutor, High Court of Madras.

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