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Madras High CourtCRL OP(MD)/18848/2025granted

Ajay v. The State Of Tamil Nadu Rep By

2025-10-29Honourable Mrs Justice S.Srimathy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HON'BLE MRS JUSTICE S.SRIMATHY Ajay ..Petitioner(s) Vs The State of Tamil Nadu Rep by The Inspector of Police, PEW, Thirumangalam, Madurai District.

In Cr.No.916 of 2024 ..Respondent(s) C-32AB For Anticipatory Bail in Crime No.916 of 2024 on the file of the respondent police.

For Petitioner(s):

M/s.S.Mayaperumal For Respondent(s):

E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.916 of 2024 on the file of the respondent police, seeks anticipatory bail. __________

2. The case of the prosecution is that the petitioner was found in illegal possession of 4.2 kgs of Ganja. Hence, the case.

3. The learned counsel appearing for the petitioner would submit 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 is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there are four previous cases pending against the petitioner. However, he objected to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation is almost completed and the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, 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 on which the order copy made ready, before the Judicial Magistrate, Thirumangalam, Madurai 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 the police officer who intends to arrest

or to the satisfaction of the Judicial Magistrate, Tirumangalam, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 report before the respondent police daily at 10.30 a.m., until further orders;

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

(d) the petitioner shall not abscond either during investigation or trial; (e) 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; (f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 29-10-2025 PJL __________

S.SRIMATHY, J.

PJL To

1. The Judicial Magistrate, Thirumangalam, Madurai District. 2.The Inspector of Police, PEW, Thirumangalam, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

29-10-2025