Vediyammal v. State Rep By, The Inspector Of Police

CRL OP NO.31631of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.31631of 2024 VEDIYAMMAL, W/o.Prabhakaran, Pagadupatti Post, Attur Taluk, Karumanthurai, Salem.

Petitioner(s) Vs.

The State Rep. By, THE INSPECTOR OF POLICE, Karumandurai Police Station, Karumanthurai, Salem.

(Crime No.35 of 2022) Respondent(s) For Petitioner(s):

CAMYLES GANDHI W For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) & 22(c) of the Narcotics Drugs & Psychotropic Substances (NDPS) Act, 1985, r/w Section of 25 of Juvenile Justice (Care and Protection of Children), (JJ) Act, 2000, in Crime No.35 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that upon receiving secret information, the respondent police went to the place of Erivalavu, where the petitioner, along with three persons, prepared small pockets. After seeing the respondent police, all the aaccused persons, including the petitioner, tried to escape from the place. The respondent police subsequently caught two persons/accused 1&2, while the petitioner herein and accused/A4 escaped from the spot. The respondent police seized 2 kg of Ganja, and a case, in Crime No.35 of 2022, has been registered against the petitiner and other accused persons. Hence, this case.

3. Learned counsel for the petitioner submits that this is the 5th application for anticipatory bail, and the earlier applications were dismissed due to the petitioner's previous case in 2022. He further submits that the present case is also from the year 2022 and that the petitioner was implicated in this case only because of the contraband received from A1, who is a relative of the petitioner. Furthermore, he submits that the petitioner is a lady and she is ready to abide by any strigent conditions that may be imposed by this Court. Therefore, he prays that anticipatory bail be granted to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner, stating that the petitioner and three others were found to be in illegal possession

of 2Kg of Ganja, which were seized by the respondent police. The petitioner has a previous case from 2022.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and perused the materials available on record, and upon considering the petitioner has one previous case of the year 2022 and the present is also from the same year, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, she 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 Special Court under EC & NDPS Act Cases, Salem on condition that the petitioner 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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] 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;

[c] the petitioner shall report before the respondent Police on everyday at 10:30 A.M., until further orders; [d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioner shall not abscond either during the investigation or during the trial;

[f] 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 was 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] [g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02.01.2025 klt To The State Rep. By, THE INSPECTOR OF POLICE, Karumandurai Police Station, Karumanthurai, Salem.

(Crime No.35 of 2022)

A.D. JAGADISH CHANDIRA, J.

klt CRL.OP. No.31631 of 2024 02.01.2025