Priyanka v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Priyanka ... Petitioner / Accused No.5 Vs The State of Tamil Nadu Represented by the Inspector of Police, Sedapatty Police Station, Madurai District.

(Crime No.6 of 2025) ... Respondent/Complainant For Petitioner :

Mr.Karunanithi, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor, (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 6 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of NDPS Act, in 1/5

Crime No.6 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that 5 persons were found standing in a suspicious manner and on seeing the police party, they attempted to run away from the scene occurrence. Four of them were secured and 2.200 kgs of ganja was seized. The petitioner has been arrayed as A5 and she is the daughter-in-law of A1. According to the police, she was also present in the scene of occurrence and she ran away on seeing the police.

3. The learned Additional Public Prosecutor submitted that 4 accused persons were arrested in this case and the contraband was also seized. He further submitted that the petitioner was present along with the other accused persons and she ran away from the scene of occurrence on seeing the police. The learned Additional Public Prosecutor also submitted that there are no previous cases against the petitioner.

4. The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner and that the petitioner has nothing to do with the alleged offence. The learned counsel submitted that the petitioner is being roped in this case since she is the daughter-in-law of A1.

5. Heard the learned counsel on either side and perused the material records of the case.

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6. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner is now sought to be roped in since she is the daughter-in-law of A1 and taking note of the fact that there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with 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 District Munsif cum Judicial Magistrate Court, Peraiyur, Madurai District, 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 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 their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent police on every Monday at 10.30 a.m. for a period of six weeks and thereafter, as and when required. 3/5

[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, 2023.

sd/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL To 1.The District Munsif cum Judicial Magistrate, Peraiyur, Madurai District.

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2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Sedapatty Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.1289 of 2025 Date :23/01/2025 ED/ SKN /SAR- (10/02/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5