Sathish Kannan Vs The State of Tamil Nadu

The State of Tamil Nadu, Rep by the Inspector of Police, Abiramam Police Station, Ramanathapuram District. Crime No.62 of 2025 ... Respondent/Complainant

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For Petitioner : Mr.P.Ramesh

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For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023

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PRAYER :-

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For Anticipatory Bail in Crime No.62 of 2025 on the file of the respondent-police.

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ORDER : The Court made the following order :-

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

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CRL OP(MD). No.7691 of 2025

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This Criminal Original Petition has been filed by the petitioner on 23.04.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 8(c) and 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.62 of 2025 on the file of the respondent-police.

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The case of the prosecution is that on 21.04.2025, at about 08.30 a.m., based on secret information, the respondent-Police apprehended A1 to A3 near Natham Bus stop in Abiramam for illegal possession of 65 gms of Ganja. Based on the confession of A1, the petitioner has been arrayed as A4 in this case. Hence, the case.

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Mr.P.Ramesh, learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He however submits that the petitioner is ready to

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

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CRL OP(MD). No.7691 of 2025

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abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.

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Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public

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Prosecutor appearing for the respondent-police, submits that the investigation is yet to be completed. He further submits that the petitioner has no previous case.

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However, he prays to dismiss this Criminal Original Petition.

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Heard on both sides. This Court has perused the records.

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The petitioner has permanent residence and deep roots in the Society. Therefore, there is less possibility of absconding. Considering the same and considering the quantity of contraband involved in this case and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

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(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Kamuthi, within a period of 15 days from the date on which the order copy is made ready, on

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

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CRL OP(MD). No.7691 of 2025

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executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Kamuthi;

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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

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(iii) The petitioner shall make himself available for interrogation by a police officer as and when required;

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(iv) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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(v) The petitioner shall not leave India without the previous permission of the Court;

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(vi) Thereafter, the petitioner shall appear and sign before the respondentPolice daily at 10.00 a.m. until further orders;

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(vii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Kamuthi;

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(viii) The petitioner shall not, directly or indirectly, cause any threat to

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CRL OP(MD). No.7691 of 2025

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witnesses and shall not tamper the evidence; and

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(ix) On breach of any of the aforementioned conditions, concerned Magistrate,

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or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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