Venkateswaran v. State Of Tamilnadu Rep By Inspector Of Police, Devadanapatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Venkateswaran, S/o.Sekar ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Devadanapatty Police Station, Theni District.

(Crime No.203 of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Jeyaaron Raja, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.203 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who 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 r/w. Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.203 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 06.06.2025, based on secret information, the respondent police, along with their team, conducted a raid at Kuttikaradu, Genguvarpatti. At that time, they saw the 1st accused standing with a bag. Upon noticing the police, the 1st accused attempted to flee away from the scene. However, she was intercepted, and the police found her in possession of 160 grams of ganja. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent persona and is in no way connected with the alleged occurrence as stated by the prosecution. He has been arrayed as an accused solely based on the 2/6

confession of the 1st accused. He, however, submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

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 subsequently released on bail on 18.06.2025 by the learned Principal Sessions Judge, Theni in Crl.M.P.No.1218 of 2025. The entire contraband has been recovered. He further submitted that there is one previous case of a similar nature registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that as the entire contraband has already been recovered, the custodial interrogation of the petitioner is not necessary at this stage, and that the co-accused was arrested and subsequently 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 bail in the event of 3/6

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, Periyakulam, Theni District 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, Periyakulam, Theni District 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 mobile number to the learned Judicial Magistrate, Periyakulam, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Periyakulam, Theni District; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(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/- 08.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn 5/6

TO 1.The Judicial Magistrate, Periyakulam, Theni District.

2.Do Through The Chief Judicial Magistrate, Periyakulam, Theni District.

3.The Inspector of Police, Devadanapatty Police Station, Theni District.

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

+1 CC to M/s.J.Jeyaaron Raja, Advocate ( SR-7302[I] dated 09/07/2025 )

ORDER

IN CRL OP(MD) No.11446 of 2025 Date : 08/07/2025 JJ/23.07.2025 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6