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2025 DAILYLAW 207705 (MAD)

Sudalaimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Muthiahpuram

CRL OP(MD)/18697/2025 · 2025-10-27

S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.18697 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.18697 of 2025 Sudalaimuthu, S/o.Manthiramoorthy ... Petitioner/A2 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Muthiahpuram Police Station, Thoothukudi District. (Crime No.48 of 2020) ... Respondent/Complainant For Petitioner : Mr.R.J.Karthick Jaganathan, Advocate 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.48 of 2020 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18697 of 2025 The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.48 of 2020 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner was found illegal possession of 1.15 kgs Ganja. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 4. The learned Additional Public Prosecutor submitted that there is no previous cases pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18697 of 2025 5. Considering the facts and circumstances of the case and also the fact that the petitioner is not having any previous cases and also the contraband seized is not commercial quantity, 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, 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 learned Judicial Magistrate No.II, Thoothukudi, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18697 of 2025 orders; [c] the petitioner shall not tamper with the 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 petitioner is 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 [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 27.10.2025 PJL 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18697 of 2025 To 1.The Judicial Magistrate No.II, Thoothukudi. 2.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18697 of 2025 S.SRIMATHY,J PJL ORDER IN CRL OP(MD). No.18697 of 2025 27.10.2025 6/6 https://www.mhc.tn.gov.in/judis