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Madras High CourtCRL OP(MD)/9447/2025allowed

Parimala Doss v. The State Of Tamilnadu Rep. By

2025-07-07Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Parimala doss ... Petitioner/ 3rd Accused Vs State of Tamil Nadu represented by The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.608 of 2022) ... Respondent/ Complainant For Petitioner : Mr.R.Rajan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.608 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner/Accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.608 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.09.2022, the petitioner along with other accused were found in illegal possession of 1.400 kgs of Ganja. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner and that the petitioner was implicated only on the basis of the confession of the co-accused. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally four accused, the petitioner arrayed as A3, that the petitioner along with other accused were found in illegal possession of 1.400 kgs of Ganja, that the contraband was recovered by the respondent police and that investigation has been completed. He would further submit that the accused 1 and 2 were already arrested and released on bail and that the petitioner is having two 2/5

previous cases similar in nature. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that it is not a commercial quantity and the contraband has already been recovered and taking note of the fact that the accused 1 and 2 were already arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Special Court for EC Act, Thanjavur 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 to the Police Officer, who intends to arrest or to the satisfaction of the Special Court for EC Act, Thanjavur 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 furnish his residential address and contact number to the Special Court for EC Act, Thanjavur. In the event of any change in his residential 3/5

address, the petitioner shall report the same to the Special Court for EC Act, Thanjavur;

(c) the petitioner shall report before the Special Court for EC Act, Thanjavur daily at 10.00 a.m., until further orders;

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

(e) the petitioner 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 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 07/07/2025 / 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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csm TO 1 THE JUDGE, SPECIAL COURT FOR EC ACT, THANJAVUR. 2 THE INSPECTOR POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.RAJAN, Advocate ( SR-7195[I] dated 07/07/2025 )

ORDER

IN CRL OP(MD) No.9447 of 2025 Date :07/07/2025 NBF/SAR- /29/07/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5