Kamaladevi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Kamaladevi ... Petitioner/Accused No.4 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thenkarai Police Station, Theni.

Crime No.164 of 2025 ... Respondent/Complainant For Petitioner :

Mr.S.Vikram For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.164 of 2025 on the file of the respondent-police. 1/4

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 23.04.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 8(c), 20(b)(ii)(A) and 29(1) of NDPS Act, 1985 and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.164 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that, based on secret information, the respondent-Police reached Periyakulam - Theni main road near Seventh Day Matriculation School, wherein, they found the accused persons and on search, they seized 150 gms of Ganja from A1 to A3. The allegation against the petitioner is that he is supplier of Ganja. Hence, the case.

4. Mr.S.Vikram, learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and she has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.

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5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner is the supplier of Ganja and he has two previous cases, which are similar in nature. Therefore, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner has two previous cases, which are similar in nature. It is stated that the petitioner is the supplier of Ganja. In view of the nature of offence allegedly committed by the petitioner and in view of the antecedents of the petitioner, this Court is of the view that if pre-arrest bail is granted to the petitioner, she may abscond and thereby delay the further proceedings. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 25/04/2025 // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

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TO 1.The Inspector of Police, Thenkarai Police Station, Theni 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.7688 of 2025 Date : 25.04.2025 KVL/26.05.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4