Malathy v. State Rep.By Its

Crl.O.P.No.23971 of 2023 C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.3216 of 2021, registered by the respondent Police for the offence under Sections 8(c), 20(b)(ii)(B) of NDPS Act.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. 3.It is stated that on 15.12.2021, the respondent had recovered 1Kg and 500 gram Ganja and cash of a sum of Rs.1500/- from A1. Subsequently, A1 had been granted bail. In view of these facts, anticipatory bail is granted to the petitioner.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.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 Metropolitan Magistrate, Thiruvottiyur, on condition that the petitioner shall 1/4

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 is directed to deposit Rs.10,000/- in favour of the Dean, Government Stanley Hospital, Chennai, which can be used for treatment of needy patients and the petitioner shall also appear before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 2/4

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 absconds, a fresh FIR can be registered under Section 229A IPC;

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C.V.KARTHIKEYAN , J.

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