R Faizal Baba v. State Of Tamilnadu Rep By Inspector Of Police, Avaniyapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI R.Faizal Baba, S/o.Rajamohamed ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Avaniyapuram Police Station, Madurai City.

(Crime No.313 of 2025) ... Respondent/Complainant For Petitioner :

Ms.Muthumeena S., Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.313 of 2025 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B) and 25 of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.313 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.06.2025, at about 08.15 a.m., based on secret information, the respondent police were conducting surveillance near Villapuram TNHB Colony. At that time, the petitioner, along with another accused, was travelling on a two-wheeler bearing Registration No.TN-34-9050 and carrying a bag. Upon seeing the police, the petitioner managed to flee from the spot. However, the respondent police apprehended the 1st accused and found that he was in illegal possession of 1,200 kilograms of ganja. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been implicated as an accused solely based on the confession of the coaccused. He, however, submitted that the petitioner is willing to abide by any condition that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A2. A1 was arrested and is still under custody. The accused were in possession of 1200 Kilograms of Ganja. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the gravity of the offence, and considering the quantity of the contraband involved, and also taking note of the fact that the co-accused has been arrested and is still in custody, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 24/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

ORDER

IN CRL OP(MD) No.10431 of 2025 Date :24/06/2025 MK/08.07.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4