Aswin v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 11659 of 2025 Aswin Petitioner(s) Vs The State of Tamilnadu Rep.by The Inspector of Police, Thazhamuthu nagar Police Station, Thoothukudi (Cr.No.503/2025) Respondent(s) For Petitioner(s): N.Balasubramanian For Respondent(s): E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer:

C-32AB For Anticipatory Bail in Crime No.503/2025 on the file of the respondent police

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of NDPS Act, in Crime No.503 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 21.06.2025, the respondent police seized 11.5 kg of contraband. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He

seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. 5.Since the quantity of ganja is an intermediate quantity, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Principal EC and NDPS Court, Madurai, within a period of fifteen days from the date of receipt of a copy of this order, 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. [e]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 is 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

[g]The respondent is permitted to investigate the petitioner and the petitioner is directed to cooperate for the investigation.

26-09-2025 Tmg To 1.The Inspector of Police, Thazhamuthu nagar Police Station, Thoothukudi.

2. Principal EC and NDPS Court, Madurai.

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