Prince Maria Raj v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Nineteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8539 of 2022 PRINCE MARIA RAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE PEELAMEDU POLICE STATION, COIMBATORE DISTRICT.

CRIME NO.292/2022.

For Petitioner : M/S.A.RAM KUMAR Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 8(c), 20(b)(ii)(B) of NDPS Act, 1985 in Crime No.292 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein has arrayed as accused in a case related to seizure of 1.100kg Ganja from one Nagasusmitesh. Based on the confession statement given by arrest accused, the petitioner is arrayed as first accused. The confession statement further indicates that the petitioner along with Nagasusmitesh were allegedly sold the Ganja for the College students and the petitioner has been allegedly procured Ganja from Andhra Pradesh and made small packets for retail selling.

3. The learned Counsel for the petitioner submits that the petitioner has been arrayed as accused only on the confession statement of the co-accused. He further submits that the petitioner is running Event Management at Banglore. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Taking note of the quantity of the contraband alleged to have seized from the co-accused, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate -II, Coimbatore on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer as and when required for interrogation;

(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 has 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 Kerala [(2005) AIR SCW 5560]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 19/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE PEELAMEDU POLICE STATION, COIMBATORE DISTRICT.

+1 CC to M/S.A.RAM KUMAR Advocate on payment of necessary charges SR.NO.5813 CRL OP.8539/2022 Date :19/04/2022 TA-22/04/2022