M.Pushparaj Vs State of Tamil Nadu Rep by its Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest relating to Crime No.627/2024 on the file of Inspector of Police, H3Maraimalai Nagar Police Station, Tambaram District.

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For Petitioner : Mr.Shiva Bharathy GB For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side)

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O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police

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for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic 1/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.19352 of 2025

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Drugs and Psychotropic Substances Act, 1985, in Crime No.627 of 2024, registered on the file of the respondent, seeks anticipatory bail.

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The case of prosecution is that based on the confession of the 1^st accused, who was found in illegal possession of 1.300 kgs of Ganja, it is alleged that the petitioner had sold the contraband to the said accused. Hence, the complaint was registered against the petitioner.

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The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. Hence, he prayed to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for respondent

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police, opposed the grant of anticipatory bail to the petitioner and submitted that the investigation is almost completed. He further submitted that the contraband has been seized.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.19352 of 2025

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Considering the above facts and circumstances including the fact that the

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investigation is almost completed and taking into account the undertaking of the petitioner to abide by any condition that may be imposed by this court, this Court is inclined to grant interim anticipatory bail to the petitioner subject to the following conditions.

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Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/(Rupees Fifteen Thousand only) as non-refundable deposit to the credit of Advocates Clerks Welfare Association, Kancheepuram, and on such deposit, the petitioner is ordered to be released on i nterim 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 District Judge, Principal Special Court under EC and NDPS Act, Chennai , on condition that the petitioner shall also 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 Magistrate concerned, failing which, the petition for interim anticipatory bail shall stand dismissed and on further condition that:

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.19352 of 2025

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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.

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[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of twelve weeks;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[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

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Kerala [(2005)AIR SCW 5560].

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

rpl

08.09.2025

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https://www.mhc.tn.gov.in/judis