Jeenath Begum v. The State Rep By Its

A.D.JAGADISH CHANDIRA, J.

The petitioner-A28, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 8(c), 22(a), 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.439 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 19.10.2024, A1 Muthukumaran was arrested for having found in possession of 1.37 grams of Methapetamine. Hence the case. On his confession that, the petitioner had supplied the contraband, the petitioner was implicated in this 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 based on the confession recorded from the arrested accused. He would submit that the petitioner has no previous case against him and the quantity recovered is also a minimum quantity. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent while opposing for grant of anticipatory bail to the petitioner would submit that the petitioner is the one who has supplied the contraband to A1. However, he would submit that the petitioner has no previous case against him.

5. Heard both sides and perused the materials available on record including the FIR.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and the co-accused already arrested and released on bail and also of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

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 V Metropolitan Magistrate Court at Egmore, Chennai, on condition that the petitioner shall execute a separate 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 on everyday at 10.30a.m., until further orders.

[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 abscond, a fresh FIR

can be registered under Section 269 BNS.

12.11.2024 nvi A.D.JAGADISH CHANDIRA , J.

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12.11.2024