Monisha v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Monisha S/o. Loganathan, No.28, Ansari 5th Street, Pulianthope, Perambur Barracks, Chennai.

Petitioner(s) Vs The State rep by The Inspector of Police Basin Bridge Police Station, Chennai. Crime No.544/2025.

Respondent(s) PRAYER: The criminal original petition filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of arrest in Crime No.544 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.Ramachandran S 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) r/w 20(b)(ii) (A) of NDPS and Section 123 of BNS and Section 24(1) of COTPA in connection with the case in Crime No.544 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 26.11.2025, one namely accused Narasimman was found is possession of 54 grams of Ganja and 20 pockets of Hans and based on his confession, the petitioner is arrayed as an accused.

3. The learned counsel for the petitioner would submits that no recovery is made from the petitioner and at the time of occurrence, the petitioner is 9 month pregnant. He further submits that she has been falsely implicated in this case and she is ready to abide any stringent conditions imposed by this Court. This is the first anticipatory bail petition, hence, she prayed to grant anticipatory bail.

4. Per contra, the learned Government Advocate (Criminal Side) would submit that the respondent police seized Ganja weighing 54grams and 400 grams of banned tobacco product. Based on the confession given by the first accused, the petitioner is arrayed as third accused. He further submits that the first and second accused were arrested and the petitioner has one previous case similar in nature. Hence, he objected to grant anticipatory bail.

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 and the petitioner was arrayed as an accused only based on the confession statement of the co-accused, 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 her appearance within a period of fifteen days from the date on which the order copy made ready, before the learned Metropolitan Magistrate No.X, Egmore, Chennai, 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 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 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

To 1.Metropolitan Magistrate No.X, Egmore, Chennai.

2.The Inspector of Police Basin Bridge Police Station, Chennai.

Crime No.544/2025.

3.The Public Prosecutor High Court, Madras.

P.DHANABAL J.

srm/sms 30-12-2025