Gomathi v. The State Rep By, The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.30583 of 2025 Gomathi ... Petitioner

Versus

The State rep by its, The Sub Inspector of Police, P-2 Otteri Police Station, Chennai - 600 012.

(Crime No.696 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of arrest of his arrest in Crime No.696 of 2025 on the file of the respondent police. For Petitioner :

Mr.R.Shriharan For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and 25(1A) of Arms Act, 1959 in Crime No.696 of 2025 seeks anticipatory bail. 2.The allegation against the petitioner is that he along with other 1/5

accused involved in possession and sale of 3 kgs of ganja and based on the confession recorded from the arrested accused, the petitioner is ranked as A4. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the arrested accused were already released on bail before the Principal Special Court under EC & NDPS Act, Chennai in three separate orders. He further submitted that the petitioner has not having any bad antecedents and she is the wife of A1. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband seized is 3 kgs of ganja and the petitioner is ranked as A4. The investigation revealed that A1 used to purchase the contraband from Andhra Pradesh and used to sell the same with the help of the other accused. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, the fact that the contraband involved is 3 kgs of ganja which was 2/5

seized from the arrested accused, and that the petitioner is a lady and the wife of A1, though she is alleged to have participated in the sale of ganja, she is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the learned X 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 and on further condition that:

(a) 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 concerned Court everyday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; 3/5

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.11.2025 drl To 1.The X Metropolitan Magistrate, Egmore, Chennai.

2. The Sub Inspector of Police, P-2 Otteri Police Station, Chennai - 600 012.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

drl 4/5

CRL.O.P.No.30583 of 2025 10.11.2025 5/5