Jiyahulhuq v. State, Rep. By Through The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL Jiyahulhuq S/o. Jalibudeen, Thippu Nagar, 2nd Street, Kuniyamuthur, Coimbatore - 641008 Petitioner(s) Vs
1. State, Rep. by through the Inspector of Police, Karumbukadai Police Station, .
Coimbatore District.
Crime No. 121/2025 Respondent(s) PRAYER: The criminal original petition filed under Section 482 of the BNSS to release the petitioner on bail in the event of his arrest by the police in Crime No. 121 of 2025, dated 18/12/2025 on the file of Respondent, the Inspector of Police,Karumbukadai Police Station, Coimbatore District, and thus render justice.
For Petitioner(s):
Mr.Siri Chandana. K For Respondent(s):
Mr.S.Udaya Kumar Govt. Advocate (Crl.Side)
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii) (A) of Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS) Section 123 of BNS and 7 and 25(1A) of Arms Act in connection with the case in Crime No.121 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the accused was found in possession of 450 grams of Ganja.
3. The learned counsel for the petitioner would submits that the quantity of ganja in the case is 450 grams, which is below small quantity and therefore, the rigours of Section 37 of NDPS Act are not attracted. He further submits that custodial interrogation of the petitioner is not necessary and the petitioner undertakes to cooperate with the investigation and comply with any conditions imposed by this Court. This is the first anticipatory bail petition, hence, he prayed to grant anticipatory bail.
4. Per contra, the learned Government Advocate (Criminal Side) would submit that the respondent police seized Ganja weighing 450 grams. Investigation is pending and the offences are grave in nature. He further submits that no previous case is pending against the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6.Considering the nature of the offence and the fact that the quantity involved in this case is not a commercial quantity that no previous case is pending against the petitioner and that the petitioner has been arrayed as an accused on the basis of the confession statement of the co-accused and that the co-accused from whom the contraband was recovered has already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
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 Judicial Magistrate Court No.7, Coimbatore, on condition that the petitioner shall execute a 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 conditions 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 daily at 10.30 a.m for thirty days.
[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 B.N.S.
30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes
srm/sms Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate Court No.7 Coimbatore.
2.The Inspector of Police, Karumbukadai Police Station, .
Coimbatore District.
Crime No. 121/2025 3.The Public Prosecutor High Court, Madras.
P.DHANABAL J.
srm/sms 30-12-2025