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Madras High CourtCRL OP(MD)/221/2020partly allowed

Ganesamoorthy v. The Sub Inspector Of Police

2020-01-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Ganesamoorthy,

2. Kaleeswaran,

3. Muthuramalingam,

4. Kaleethas,

5. Sathiya, ... Petitioners/Accused Nos.1 to 5 Vs The State rep.by The Sub Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Crime No.4/2010).

... Respondent/Complainant For Petitioners : Mr. M. Muniasamy, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 4/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 8(c) r/w.20(b)(ii)(B), 25(1)(a) of N.D.P.S. Act, in Crime No.4 of 2020 on the file of the respondent police, seek anticipatory bail. 1/3

3. The contraband involved in this case is 6 Kgs. of Ganja.

4. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the fifth petitioner has already been arrested.

5. Therefore, this criminal original petition is dismissed as infructuous as regards the fifth petitioner Sathiya is concerned.

6. The learned Additional Public Prosecutor would also point out that the first petitioner Ganesamoorthy and the third petitioner Muthuramalingam are having one previous case of the same nature. Therefore, I am not inclined to grant anticipatory bail to them. Therefore, this criminal original petition is dismissed as regards petitioners 1 and 3 are concerned.

7. Petitioners 2 and 4 are not having any previous case. Therefore, I am inclined to grant anticipatory bail to petitioners 2 and 4 with certain conditions. Accordingly, petitioners 2 and 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Principal Special Judge(for E.C. and N.D.P.S. Act cases) Pudukottai, and on their executing 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 learned Magistrate concerned and on further condition that petitioners 2 and 4 shall appear before the respondent police as and when required for interrogation. Petitioners 2 and 4 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

8. Petitioners 2 and 4 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 08/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS ACT CASES, PUDUKOTTAI.

2. THE SUB INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

2/3

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

+1 CC to M/s.M.MUNIASAMY, Advocate ( SR-577[I] dated 09/01/2020 )

ORDER

IN CRL OP(MD) No.221 of 2020 Date :08/01/2020 PMU AE/VR/SAR-I (21.01.2020) 3P 5C 3/3