Gokulraj v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20050 of 2021 GOKULRAJ [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SENDAMANGALAM POLICE STATION, NAMAKKAL DISTRICT.
(CRIME NO.113 OF 2021) For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR.C.E.PRATAP, 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 Section 20(b)(ii)(A) of NDPS-Act in Cr.No.113 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 100 grams of Ganja and the same was seized by the respondent Police.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence. He further submitted that the contraband was seized from the co-accused and only based on the confession made by the co-accused person, the petitioner was falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused person were involved in illegal possession of 100 grams of Ganja. However, there was no recovery from the petitioner. He further submitted that this is the second anticipatory bail application filed by the petitioner and the earlier anticipatory bail application was dismissed as withdrawn in Crl.O.P.No.1941 of 2021 dated 09.02.2021. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the fact that the contraband was seized from the co-accused and not from the petitioner and since the seized quantity is not a commercial quantity, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate-II, Namakkal, 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 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 report before the respondent police daily at 10.30 a.m. until further orders;
(c)the petitioner shall not tamper with 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 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/- 27/10/2021 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-II, NAMAKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SENDAMANGALAM POLICE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.11901 CRL OP.20050/2021 Date :27/10/2021 CSK 01/11/2021