Aravindan v. Inspector Of Police

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), 29(1) of Narcotic Drugs & Phychotropic Substances Act in Crime No.200 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 06.08.2023, the Respondent Police arrested the Accused Ramana and Vikram and seized Ganja weighing 1.2 kgs from them and based on their confession statement, this Petitioner also implicated in the case. Hence the complaint. 3.The learned Counsel for the Petitioner would submit that the Petitioner is an innocent person and he was falsely implicated in the above case. 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 1.2 kgs of Ganja was seized from A1 & A2 and based on their confession statement only the Petitioner/A3 was implicated in this case and the Petitioner was not in scene of occurrence. He vehemently opposed to grant anticipatory bail to the Petitioner.

5.Heard both sides and perused the materials available on record. 1/ 4

6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either sides and the fact that the Petitioner was not present in the scene of occurrence, 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 Judicial Magistrate II, Alandur, Chennai, on condition that the Petitioner shall execute a separate bond for a sum of Rs.

[b] the Petitioner shall report before the Respondent Police, everyday 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 2/ 4

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 abscond, a fresh FIR can be registered under Section 229A IPC.

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RMT.TEEKAA RAMAN, J.

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