← Library
Madras High CourtCRL OP(MD)/17150/2025granted

Murali v. The State Of Tamil Nadu

2025-10-09Honourable Mrs Justice S.Srimathy8 pages

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.17150 of 2025

1. Murali, S/o.Muthupandi

2. Vijayaraj, S/o.Veeraiah .. Petitioners/Accused Nos.2 & 3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Seithur Police Station, Virudhunagar District.

(Crime No.220 of 2025) .. Respondent/Complainant For Petitioners :Mr.N.Balasubramanian 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.220 of 2025 on the file of the Respondent Police.

1/8

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), r/w.20(b)(II), 29

(1) of NDPS Act and 77 of JJ Act in Crime No.220 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 25.09.2025 the respondent police conducted routine check up, at that time the accused persons were found in illegal possession of 15grams of ganja. Hence, the case.

3. The learned counsel for the petitioners would submit that the respondent police lodged a false case against these petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and 2/8

willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) would submit that the entire properties were recovered by the respondent police. These petitioners having two previous cases. However, he opposed to grant anticipatory bail to the petitioners.

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 petitioners, 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, Rajapalayam 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, Rajapalayam 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;

4/8

(b) the petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Rajapalayam. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Rajapalayam;

(c) the petitioners shall appear and sign before the respondent police daily at 10.30.a.m. until further orders;

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

(e) the petitioners shall not abscond either during investigation or trial;

5/8

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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, Rajapalayam.

2. The Inspector of Police, Seithur Police Station, Virudhunagar District.

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

7/8

S.SRIMATHY,J gvn

ORDER

IN CRL OP(MD) No.17150 of 2025 Dated : 09/10/2025 8/8