Mathan @ Kochi Mathan @ Mariyappan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08.08.2025 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mathan @ Kochi Mathan @ Mariyappan ... Petitioner Vs The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

In Crime No.153 of 2025 ... Respondent For Petitioner : Mr.S.Mukesh For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNSS PRAYER :- For Anticipatory Bail in Crime No.153 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 1/5

for the alleged offence punishable under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, in Cr.No.153 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of ganja.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has been implicated only through confession statement of the co-accused and he has not committed any offence as alleged by the prosecution. Further, he submits that FIR does not disclose the quantity of the ganja, which has been recovered from A1.

4.The learned Government Advocate(Crl.side) for the respondent submits that they have recovered 3.6 kgs of ganja and the petitioner is having three previous cases pending as against him, which are not similar in nature. At this juncture, the learned counsel for the petitioner submits that the petitioner is ready to file an undertaking affidavit before the concerned Police Station as well as the concerned Magistrate Court that he will not indulge in any offence and he will also provide surety of a respectable person to ensure the same. 2/5

5.The case was registered on 23.02.2025. Till date, the respondent Police has not recovered any other material as against the petitioner, other than confession statement.

6.Considering the above facts and circumstances and the undertaking of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of 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 Principal Special Judge for NDPS Act Cases, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Principal Special Judge for NDPS Act Cases, Madurai. The sureties must be respectful persons in the Society, having a permanent business establishment and on further conditions that:

i)The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

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ii)The petitioner and the sureties shall file an undertaking affidavit before the concerned Police as well as the before the concerned Court that he will not involve in any offence in future;

iii)The petitioner shall appear before the respondent police daily twice ie., Morning at 10.30 am and Evening at 05.00 pm., until further orders. He has to cooperate for the investigation. iv)The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. v)On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 08/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Principal Special Judge for NDPS Act Cases, Madurai.

2.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

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

ORDER

IN CRL OP(MD) No.13321 of 2025 Date :08/08/2025 PS/SAR.13.08.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5