R Faizal Baba v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI R.Faizal Baba, S/o.Rajamohamed.

: Petitioner/Accused Rank not known 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 : Mr.S.Muthumeena, Advocate 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.313 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner/Accused Rank not known, 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 and Phychotropic 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 Reg.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 first 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 only on the basis of the confession of the co-accused. He further 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. 4.The learned Government Advocate (Criminal Side) submitted that there are totally two accused in this case and the petitioner has been arrayed as A2. On 08.06.2025, at about 08.15 a.m.

the petitioner, along with another accused, was travelling on a two-wheeler bearing Reg.No.TN-34-9050 and carrying a bag and they were in illegal possession of 1,200 kilograms of ganja. He further submitted that this is the second anticipatory bail petition and the first application for anticipatory bail in Crl.OP(MD)No.10431 of 2025, dated 24.06.2025, was dismissed by this Court. He further submitted that the entire contraband and the vehicle were recovered and the investigation is in progress. Hence, he opposed the grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and taking note of the fact that the entire contraband has already been recovered and the occurrence had taken place on 08.06.2025, by this time most of the investigation might have bee completed, 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 her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai, 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 learned Judicial Magistrate No.VI, Madurai, and 3/5

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 No.VI, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.VI, Madurai;

(c)the petitioner shall report before the respondent police 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; 4/5

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

sd/- 23/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

ORDER

IN CRL OP(MD) No.12138 of 2025 Date :23/07/2025 HPS/25.08.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5