Arsathrisi @ Risi v. State Of Tamilnadu Rep By Inspector Of Police, Madurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Arsathrisi @ Risi .. Petitioner/Accused No.10 Vs State of Tamil Nadu, Rep. by the Inspector of Police, PEW - Madurai City, Madurai City, Madurai District.

(Crime No.163 of 2025) .. Respondent/Complainant For Petitioner : Mr.A.Balaji For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.163 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 1/5

for the offences punishable under Sections 8(c ), 20(b)(ii)(B), 25 and 29(1) of NDPS Act, in Crime No.163 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.06.2025, based on the secret information received from the informant, the respondent police along with police officials went to the place of occurrence, at that time, the petitioner along with other accused persons have illegally transported 3.500 kgs of Ganja and the same was recovered by the respondent police. Further, the accused persons A1 to A9 were arrested and remanded to judicial custody and A10, A11 are absconding. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that based on the confession of A1, the petitioner was falsely implicated in this case. He further submitted that co-accused/A1 to A9 have already been granted bail by the Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai in Crl.MP.Nos.3009, 2686, 2643, 2920, 2908 and 2894 of 2025 dated 02.08.2025 and 31.07.2025 respectively. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and there is no previous case pending against the 2/5

petitioner. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the entire contraband has been recovered and there is no previous case pending against the petitioner. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the entire contraband has been recovered and the investigation might have been completed and co-accused had already been released on bail by the trial Court. Hence, 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 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 learned Judicial Magistrate No.V, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 learned Judicial Magistrate No.V, Madurai, and on further conditions that:

(a) the petitioner and the sureties shall affix their photographs and 3/5

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 mobile number to the learned Judicial Magistrate No.V, Madurai, In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.V, Madurai. (c) the petitioner shall report before the Inspector of Police, Anna Nagar Police Station, Madurai, daily at 10.30 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;

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

sd/- 14/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The Judicial Magistrate No.V, Madurai.

2.The Inspector of Police, PEW - Madurai City, Madurai City, Madurai District.

3. The Inspector of Police, Anna Nagar Police Station, Madurai.

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

ORDER

IN CRL OP(MD) No.11230 of 2025 Date :14/08/2025 SBN/09.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5