Kumaresan v. The Inspector Of Police

Crl.OP(MD)No.562 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 04/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.562 of 2022 Kumaresan ... Petitioner/Accused No.2 Vs.

The State of Tamil Nadu Rep. By its Inspector of Police, NIB CID Dindigul Police Station, Dindigul District.

Crime No.39 of 2021 ... Respondent/Complainant For Petitioner : Mr.R.BABU JAGANATH, Advocate For Respondent : Mr.SS.MADHAVANGovernment Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.39 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as A2 apprehending arrest at the hands of the respondent police for the alleged offence under section 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.39 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 27/11/2021 at about 17.00 hours, on a secret information, the police team went to the place of occurrence and they found the accused persons found in possession of 1.500 kgs of ganja.

3.Heard both sides.

4.The learned counsel appearing for the petitioner would submit that the contraband involved in this case is 1.500 kgs and the police alleged to have recovered the same on the secret information on 27/11/2021. The co-accused has been released on bail, by order, dated 29/12/2021 and no previous antecedent either of similar case or some other serious offences have been noted against this petitioner.

5.Considering the above facts and circumstances of this case and also considering the fact that the petitioner is not having any previous case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.562 of 2022 appearance before the learned Principal Special Court for EC & NDPS Act cases, Madurai and on his 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 Judge concerned and the petitioner shall appear before the respondent police once in 15 days at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The petitioner 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 will stand dismissed.

sd/- 04/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, NIB CID DINDIGUL POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.562 of 2022 Date :04/02/2022 SA/PN/SAR.1/17.02.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2