Kannan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Kannan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Sub Inspector of Police, Batlagundu Police Station, Dindigul District.

Cr.No.404 of 2021.

... Respondent/Complainant For Petitioner : Mr. J Jeya Aron Raja, Advocate.

For Respondent : Mr.E. Antony Sahaya Prabhakar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- To enlarge the petitioner on bail in the event of his arrest by respondent police on the strength of the NBW issued in C.C.No.82 of 2024 in Cr.No.404 of 2021 on the file of the Learned Principal Special Court for NDPS Act Cases, Madurai.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w. 20(b) (ii) (B) of NDPS and 29(1) of NDPS Act in Crime No.404 of 2021 in C.C.No.82 of 2024 on the file of the Principal Special Court for NDPS Act Cases, Madurai, seeks anticipatory bail.

2. The case of the prosecution is that on 27.04.2021 at about 11.00 hours when the respondent Police conducted a vehicle check up, A1 is said to have found found in possession of 2 Kgs of Kanja. During the enquiry, based on his confession, the petitioner herein is arrayed as A2. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that there 10 previous cases pending against the petitioner. He further submitted that investigation is this case has already been completed and the charge sheet was laid before the concerned Court.

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4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

5. Considering the facts and circumstances of the case and also the fact that investigation in this case has already been completed and that the contraband recovered is below the commercial quantity, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, 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 learned Principal Special Judge for NDPS Act Cases, Madurai within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioner and the sureties shall affix their 3/6

photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; (b) the petitioner shall report before the trial Court daily twice at 10.30 am and 5.30 pm until further orders;

[c] the petitioner shall not tamper with the 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 is released on bail by the learned 4/6

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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 07.11.2025 TRP TO

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

2. The Sub Inspector of Police, Batlagundu Police Station, Dindigul District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.19636 of 2025 Date : 07/11/2025 6/6