Valli v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.11152 of 2022 1 VALLI [ PETITIONERS / ACCUSED ] 2 SAKTHIVEL Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KARUMANDURAI POLICE STATION, SALEM DISTRICT CRIEM NO.43/2022 For Petitioner : M/S. J.PRADEEP Advocate For Respondent : MR. S.UDHYAKUMAR, Govt. Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners,who apprehend arrest for the alleged offences under sections 8(c ),20 (b)(ii)(B) of NDPS Act,1985 in Crime No.43 of 2022,on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that, on 25.04.
2022 while the respondent police had conducted regular vehicle check up. At that time, on seeing the respondent police the petitioners along with other accused persons had tried to run away from the Government Bus. On suspicion, the respondent police arrested one Samidurai and found an illegal possession of 2 kilograms of Ganja from his bag and the remaining persons fled from the spot. Hence, the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they had not committed any such offences as alleged by the prosecution. He further submitted that they had been falsely implicated in this case. Hence, he pleads for anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there is no previous case pending against these petitioners.
5. Considering the facts and circumstances of this case and also the fact that there is no previous case pending against the petitioners. Hence, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, EC Court, Salem on condition that each of the petitioners shall execute a separate bond for a sum of Rs.25,000/-only (Rupees Twenty Five 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(c) the petitioners shall report before the Investigating Officer daily at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation;
(d) the petitioners 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/- 11/05/2022 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 SESSIONS JUDGE, EC COURT, SALEM 2 THE INSPECTOR OF POLICE, KARUMANDURAI POLICE STATION, SALEM DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. J.PRADEEP Advocate on payment of necessary charges Sr.7103 CRL OP.11152/2022 Date :11/05/2022 RVR 16/05/2022