Selvan@Rathinavel v. Sttae Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8159 of 2020 Selvam @ Rathinavel

...Petitioner

Vs.

The State represented by The Inspector of Police, Makudanchavadi Police Station, Salem District.

(Crime No.437 of 2020)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Judicial Magistrate No.2, Sankagiri to accept the surrender of the petitioner and enlarge the petitioner on bail, pending investigation in Crime No.437 of 2020 on the file of respondent police.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Petition has been filed seeking for direction directing the Judicial Magistrate-II, Sankagiri to accept the surrender and also consider the bail petition of the petitioner.

2. The learned counsel for the petitioner would submit that the respondent registered the case as against the petitioner in Crime No.437 of 2020 for the offences under sections 8(c) and 20 (b) II A of NDPS Act, alleging that the petitioner was found in possession of 300 grams of Ganja on 14.05.2020 which is a small quantity and as such its a bailable offence. He further submitted that the petitioner could not able to surrender before the learned Judicial Magistrate for the reason due to covid-19 pandemic.

3.

Heard Mr.R.Sankarasubbu, the learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondent.

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4. Considering the above facts and circumstances, the petitioner is directed to surrender before the learned Judicial Magistrate-II, Sankagiri, within a period of two weeks from the date of receipt of a copy of this order and on his surrender the learned magistrate is directed to accept his surrender and accept the bail petition if any filed by the petitioner and pass orders on merits in accordance with law.

5. With the above direction, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mpa To

1. The Judicial Magistrate No.2, Sankagiri.

2. The Inspector of Police, Makudanchavadi Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8159 of 2020 mg(co) aa17/07/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/