Midhun Vs State Of Tamilnadu Rep By Inspector Of Police, Theppakulam

The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act, in Crime No.701 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner and other accused persons were found in illegal possession of 30 grams of ganja. Hence, the complaint.

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The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that A-1 has already been released on station bail. Hence, he prays for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner and other accused persons were found in illegal possession of 50 grams of ganja. Therefore, he 2/6

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opposed for grant of anticipatory bail to the petitioner.

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Considering the age of the petitioner, that A-1 has already been released on station bail and also considering the fact that the present case does not involve commercial quantity, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 of receipt of a copy of this order, before the Judicial Magistrate No.II, 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 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;

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(b) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required for investigation;

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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 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) 17.11.2025

jbr

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