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Madras High CourtCRL OP/25754/2023granted

Vasuki v. The State Of Tamilnadu, Rep By

2024-01-05Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The Petitioner seeks anticipatory bail in Crime No.150 of 2023 registered by the Respondent Police for the offences under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985.

2. It is stated that the Accused A1 and A2 are brother and sister. It is stated by the learned Government Advocate (Criminal Side) that the Accused A1 had purchased Ganja weighing about 1.150 Kgs and kept it in the house of the Petitioner herein. He also stated that the Accused A1 had been arrested and had been granted bail. He further stated that there are two previous cases against this Petitioner herein and she is a history sheeter.

3. The learned counsel for the Petitioner stated that the Petitioner is an innocent person and is no way connected to the above case. He also stated that the Petitioner is a lady and she is undergoing dialysis treatment. Thus, he prays for grant of anticipatory bail to the Petitioner herein. 1/4

4. Taking all the factors into consideration and also considering the quantity of the contraband seized, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. Accordingly, the Petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Learned II Metropolitan Magistrate, Egmore, 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 once in a week i.e., on every Saturday at 10.30 a.m., until further orders.

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

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C.V.KARTHIKEYAN , J.

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