Malairajan @ Ottayan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Malairajan @ Ottayan, S/o.Rajendran.

: Petitioner/Accused Rank not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, PEW Police Station, Madurai City, Madurai District.

(Crime No.04 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Karthikeya, 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.4 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6

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), 25 and 29(1) of Narcotic Drugs and Phychotropic Substances Act 1985, in Crime No.4 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 12.01.2025 based on secret information, the defacto complainant, along with other police personnel, proceeded to the place of occurrence and conducted a search in an auto bearing Registration No. TN-64-K5758 and a two-wheeler bearing Registration No. TN-64-Y-7543. During the search, they recovered 1,100 kilograms of Ganja, concealed in a polythene bag, from A1 and A2. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he prays for anticipatory bail for the petitioner. 4.The learned Government Advocate (Criminal Side) submitted that upon 2/6

secret information, on 12.01.2025, the defacto complainant, along with other police personnel conducted a search in an auto bearing Registration No.TN-64-K-5758 and a two-wheeler bearing Registration No. TN-64-Y-7543 and they recovered 1.100 kgs of Ganja, concealed in a polythene bag, from A1 and A2. He further submitted that entire contraband has already been recovered and the investigation is in progress. 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 12.01.2025, 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.I, 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.I, Madurai, and on further 3/6

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.I, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.I, 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; 4/6

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

sd/- 23/07/2025 / TRUE COPY / /08/2025 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.I, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, PEW POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL OP(MD) No.12109 of 2025 Date :23/07/2025 NM/18.08.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6