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Madras High CourtCRL OP(MD)/8479/2025allowed

Haridurga v. The State Of Tamilnadu

2025-07-16Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Haridurga 2.Muthulakshmi ... Petitioners/ Accused Nos.2 & 3 Vs.

The State of Tamil Nadu rep. by The Inspector of Police, Thevaram Police Station, Theni District.

(Crime No.56 of 2025)

...Respondent/Complainant

For Petitioners : Mr.S.Muniyandi For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.56 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 29(1) and 25 of the NDPS Act, in Crime No.56 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on secret information received from the informant, the respondent police conducted a raid along with the police party on 29.04.2025 at about 11.00 hrs at Sannasi Thottam, Alagarnayakkanpatti to Pallavarayapatti Road, at the car and found 1 kg of ganja. Subsequently, the second petitioner gave a statement before the respondent and thereafter, the respondent seized 1 kg of ganja from the petitioners' house. Totally 2 kg of ganja recovered from the first accused, and thereby, she was arrested and remanded to judicial custody. Hence, the respondent police registered the case against the accused persons.

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3. The learned counsel for the petitioners submitted that the petitioners were not present at the scene of the occurrence during the alleged occurrence and the properties were recovered only from the first accused. Based on the confession statement of the first accused, the petitioners have been implicated in this case. He would further submit that the first accused has been arrested and released on bail by the learned Additional District Judge, Madurai in Crl.M.P.No.2155 of 2025, dated 03.07.2025. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused, the petitioners herein are arrayed as Accused Nos.2 and 3. He would further submit that the entire contraband was recovered from the first accused and he has been arrested and released on bail by the learned Additional District Judge, Madurai in Crl.M.P.No.2155 of 2025, dated 03.07.2025. He would further submit that the second accused is having two previous cases, in which one case is similar in nature under NDPS Act and another one is IPC offence and hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also taking note of the fact that the entire contraband were recovered from the first accused and he has 3/6

already been released on bail on 03.07.2025 and that as the date of registration of F.I.R. is 29.04.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Principal Special Court for NDPS Act Cases, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Principal Special Court for NDPS Act Cases, Madurai, and on further conditions that:

(a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judge, Principal Special Court for NDPS Act Cases, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judge, Principal Special Court for NDPS Act Cases, Madurai; 4/6

(c) the petitioners shall appear and sign before the respondent police daily at 10.00 a.m., until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS. Consequently, the connected Criminal Miscellaneous Petition is closed.

sd/- 16/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Principal Special Judge for NDPS Act Cases, Madurai.

2.The Inspector of Police, Thevaram Police Station, Theni District.

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

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-7714[I] dated 17/07/2025 )

ORDER

IN CRL OP(MD) No.8479 of 2025 Date :16/07/2025 HPS/05.08.2025 /6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6