Muthuraja @ Sutharsan v. The Inspector Of Police

CRL OP(MD) No.74 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2022 PRESENT THE HON`BLE MR.JUSTICE G.ILANGOVAN CRL OP(MD). No.74 of 2022 MUTHURAJA @ SUTHARSAN, ... PETITIONER/ACCUSED NO.1 VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PATTUKKOTTAI TOWN POLICE STATION, PATTUKKOTTAI, THANJAVUR DISTRICT.

(CRIME NO.1161 OF 2021.) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.DEENADHAYALAN.S, ADVOCATE.

FOR RESPONDENT : MR.S.S.MADHAVAN, GOVERNMENT ADVOCATE (CRL.SIDE) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1161 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 27.11.2021 for the alleged offence under Sections 8(c) r/w 20(b) (ii) (B) of NDPS Act, 1985 in Crime No.1161 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on the date of occurrence the petitioner along with one another having possession of 1.2 Kilograms of Ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is having no bad antecedent and no previous cases, similar in nature. 4.The learned Government Advocate (Crl. side) submitted that there is no previous case against the petitioner. 5.Considering the period of incarceration, there is no previous case against the petitioner and considering the quantity of contraband involved, this Court is inclined to grant bail to the petitioner with stringent conditions.

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CRL OP(MD) No.74 of 2022 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Pattukkottai and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 05/01/2022 / TRUE COPY / 05/01/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3.THE OFFICER IN CHARGE, DISTRICT PRISON, PUDUKKOTTAI.

4.THE INSPECTOR OF POLICE, PATTUKKOTTAI TOWN POLICE STATION, PATTUKKOTTAI, THANJAVUR DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.74 of 2022 Date : 05/01/2022 GC/SKN(05.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2