Sundar @ Sundarapandy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.19381 of 2024 Sundar @ Sundarapandy ... Petitioner/Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, NIB CID, Theni District.

Crime No. 25/2022.

... Respondent/Complainant For Petitioner : Mr.Anand For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 25 of 2022 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 alleged offence under Sections 8(C), 20(b)(II)(B) and 29(1) of NDPS Act in Crime No.25 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 was found in possession of 8 Kgs of Ganja. He was arrested and based on his confession, the petitioner (A3) has been added as an accused.

3.The previous anticipatory bail petition filed by the petitioner was dismissed by this Court. Now the investigation has been completed and final report has been filed on 10.07.2023 before the Special Court, Madurai and it is pending in C.C.No.667 of 2023. Due to this change in the circumstance, the present petition has been filed before this Court.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

5. Taking into consideration the facts and circumstances of the case and also considering the fact that the investigation has been completed in this case and the case is pending before the Special Court, Madurai and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory 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 Presiding Officer, the Special Court for NDPS Act Cases, Theni, 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 the police officer who intends to arrest or to the satisfaction of the said Presiding Officer, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [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;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/11/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRESIDING OFFICER, SPECIAL COURT FOR NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, NIB CID,THENI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.19381 of 2024 Date :13/11/2024 MGJ(25.11.2024) 5P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023