Karthikeyan @ Kili Karthick v. The State Rep.By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.303 of 2024, registered for the offences punishable under Sections 8(c), 20(b)(ii)(A), 25, 29(1) of Narcotic Drugs and Psychotropic Substance Act, 1985 and Section 132 of BNS, 2023, the present petition has been filed seeking anticipatory bail. 2.The case of the prosecution is that 160 grams of Ganja has been seized from A1 and A2. Hence, the case.

3.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would further submit that based on the confession of A1 and A2 that the petitioner herein has been roped in this case and he did not contain or possess any drugs in his pocket or house. He is ready to abide by any stringent condition that may may be imposed by this Court. 4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that 160 grams of Ganja has been seized from A1

and A2 and they have been arrested and released on bail. Based on the confession of the made by the arrested accused that they bought cannabis from A3, who kept it in small packets at the back of his house and sold it for huge profit. He would further submit that there is one previous case not similar in nature, as against the petitioner.

5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned V Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his Aadhar Card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.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 absconds, a fresh FIR can be registered under Section 269 of BNS.

10.12.2024 ah

A.D.JAGADISH CHANDIRA, J.

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10.12.2024