Mohamed Abbas v. State Of Tamilnadu Rep By Inspector Of Police, Town East

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mohamed Abbas ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Town East Police Station, Thanjavur District.

(Crime No.400 of 2025).

... Respondent/Complainant For Petitioner : Mr.K. M.Karunakaran 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.400 of 2025 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985 , in Crime No.400 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 3 kilograms of ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner was found in illegal possession of 3 kilograms of ganja. He further submitted that two 2/6

previous cases are pending against the petitioner. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and that the present case does not involve commercial quantity, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional District and Sessions Judge, Presiding Officer and Special Court for E.C. Act Cases, Thanjavur, 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 Magistrate concerned and on further conditions that:

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(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 Dean of Thanjavur Government Hospital daily at 10.30 a.m., and shall do social service at the said hospital till 4.00 p.m., for a period of two weeks. Thereafter, 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 petitioners 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;

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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 04.12.2025 jbr TO

1. The Additional District and Sessions Court, Presiding Officer and Special Court for E.C. Act Cases, Thanjavur.

2. The Inspector of Police, Town East Police Station, Thanjavur District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.22223 of 2025 Date : 04/12/2025 6/6