Vanniyaraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Vanniyaraj ... Petitioner/ Accused No.1 Vs State of Tamil Nadu, Rep. by the Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

(Crime No.236 of 2025) ... Respondent/Complainant For Petitioner : M/s.K.Kavitha 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.236 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 for the offences punishable under Sections 8(c ) r/w 20(b)(ii)(B) of NDPS act 1985 and 1/6

296(b), 132, 121(1) of BNS 2023, in Crime No.236 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.06.2025 at about 12.45 p.m., the Sub Inspector J.Sathishkumar, Vasudevanallur police who received the secret information and immediately informed, the Deputy Superintendent of Police, Puliyangudi, Sub Division, over the phone, as per the instructions, the police parties went to the place and identified three persons who were standing with white cloth bag and then disappeared. Further, the petitioner and other accused persons standing with him and the same was questioned by the respondent police, the petitioner/A1 suddenly took out an iron rod from the back of his shirt and hit the Sub Inspector of Police and pushed him. Further, the respondent police seized 1 kg 150 grams of Ganja from the other accused. Based on the confession of co-accused, the petitioner was implicated in this case.

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 the petitioner was released on bail in Crime No.162 of 2025 and the very same day, the respondent police went to the petitioner's house and called him for enquiry and the same was refused. Thereafter, the petitioner was attacked by the respondent police and he was taken treatment. Later, the 2/6

respondent police came to the hospital for enquiry and the same was refused by the petitioner, the respondent police have foisted the present case. He further submitted that co-accused have already been released on bail by this Court in Crl.OP(MD). No.12462 of 2025 dated 31.07.2025. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner along with other accused persons have purchased the Ganja from Coimbatore and retail the same. Further, the petitioner had attacked the police officials with iron rod and the injured person was treated as out-patient. He further submitted that the property has been recovered. 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 property has been recovered and co-accused have already been granted bail by this Court and the investigation has been almost 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 his arrest or on his appearance, within a period of fifteen days from the date of receipt of 3/6

a copy of this order, before the Principal Special Judge for EC and NDPS Act, 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 Principal Special Judge for EC and NDPS Act, Madurai, 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 Principal Special Judge for EC and NDPS Act, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the Principal Special Judge for EC and NDPS Act, Madurai.

(c) the petitioner shall report before the Inspector of Police, Tenkasi Police Station, Tenkasi daily at 10.30 a.m., and 05.30 p.m., until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(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/- 07/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 The Principal Special Judge For Ec and Ndps Act, Madurai. 2 The Inspector of Police, Vasudevanallur Police Station, Tenkasi District. 3 The Inspector of Police, Tenkasi Police Station, Tenkasi. 5/6

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

+1 CC to M/s.K.KAVITHA, Advocate ( SR-8598[I] dated 08/08/2025 )

ORDER

IN CRL OP(MD) No.12251 of 2025 Date :07/08/2025 NBF/SAR- /22/08/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6