Amaravathi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Amaravathi W/o. Nagaraj, 1/105 Theertham Balanapalli Post, Theertham, Krishnagiri District.

2. Muthuraj Nagaraj S/o. Nagaraj, 1/105 Theertham Balanapalli Post, Theertham, Krishnagiri District.

Petitioner(s) Vs

1. The Inspector Of Police Kelamangalam Police Station, Krishnagiri District.

Respondent(s) PRAYER to enlarge the petitioners on bail in the event of their arrest in Crime No.84/2022 on the file of respondent.

For Petitioner(s):

Ms. Ranjani G For Respondent(s):

Mr. S. Santhosh, Government Advocate

ORDER

The petitioners / A33 & A20, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 8(c) r/w 20 (b)(ii)(B) of NDPS Act in Crime No. 84 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, A1 was arrested for illegal possession of 15 kgs of Ganga; and that based on the confession of the coaccused, the petitioners are implicated.

3. Learned counsel appearing for the petitioners would submit that there is no recovery from the petitioners and they have been falsely implicated in this case and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that contraband has been seized from the co-accused. He further submitted that the petitioners have no previous case.

5. Considering the nature of allegations, the fact that the petitioners have no bad antecedents, the fact that the intermediate quantity of contraband was seized from co-accused and since they were implicated on the confession of the co-accused, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate, Denkanikottai, on condition that the petitioners shall execute 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 said Magistrate, on further condition that:

[a] the petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 269 of B.N.S. 10-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes

SUNDER MOHAN, J.

AT To 1.The Inspector of Police Kelamangalam Police Station, Krishnagiri District.

Crl. O.P. No. 29299 of 2024 10.03.2025