Muthuraj v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.17160 of 2025

1. Muthuraj, S/o.Mahendran .. Petitioners/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, NIB CID Police Station, Theni District.

(Crime No.14 of 2025) .. Respondent/Complainant For Petitioners :Mr.J.Vishnu Advocate For Respondent : M/s.E.Antony Sahaya Prabahar Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.14 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) and 29(1) Narcotic Drugs & Psychotropic substances Act, 1985 r/w.77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.14 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 09.09.2025 the respondent police conducted routine check up, at that time the accused persons were found in illegal possession of 1.100Kg of ganja. Hence, the case.

3. The learned counsel for the petitioners would submit that the respondent police lodged a false case against this petitioner. The petitioner is innocent person and he has not 2/8

committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the entire properties were recovered by the respondent police. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the entire properties have been recovered by the respondent police, the alleged contraband is not a commercial quantity, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/8

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni District 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, Theni District 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;

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(b) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Theni District; (c) the petitioner shall appear and sign 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;

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(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.

(S S Y J) 09.10.2025 gvn 6/8

TO

1. The Judicial Magistrate, Theni District.

2. The Inspector of Police, NIB-CID Police Station, Theni District.

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

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S.SRIMATHY,J gvn

ORDER

IN CRL OP(MD) No.17160 of 2025 Dated : 09/10/2025 8/8