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Madras High CourtCRL OP(MD)/20412/2025granted

Moonumandai Murugan @ Murugan v. State Of Tamilnadu Rep By Inspector Of Police, Sivagangai Town

2025-11-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY Moonumandai Murugan @ Murugan ... Petitioner/Accused Vs The State of Tamilnadu, Represented by the Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Crime No.512 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Vinoth For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.512 of 2025 on the file of the respondent police.

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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 ) and 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.512 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of 3 kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Additional Public Prosecutor submitted that there are five previous cases pending against the petitioner and the property has been recovered. However, he vehemently opposed to grant 2/6

anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the property has been recovered and the quantity of contraband is not commercial, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 learned Principal Special Court for EC and NDPS Act Cases,. Madurai, 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 learned Principal Special Court for EC and NDPS Act Cases,. Madurai, 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 3/6

Bank pass Book to ensure their identity;

(b )the petitioner shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the Tamil Nadu Advocate's Welfare Fund, Trustee Committee, Tamil Nadu & Puducherry, Account No.V00047, Indian Bank, High Court Branch, IFSC Code IDIB000M157, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(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 4/6

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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 18.11.2025 msrm To 1.The learned Principal Special Court for EC and NDPS Act Cases,. Madurai 2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

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S.SRIMATHY, J.

msrm

ORDER

IN CRL OP(MD) No.20412 of 2025 18.11.2025 6/6