Gokul @ Jaya Gokul Ram v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI GOKUL @ JAYA GOKUL RAM ... PETITIONER / ACCUSED No.4 Vs THE SUB INSPECTOR OF POLICE KOTTAR POLICE STATION, KOTTAR, KANYAKUMARI DISTRICT.

CRIME NO.207/2022.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.VIGNESHKUMAR, Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.207/2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B), 29(1) and 22(b) of 1/5

Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.207 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were illegally found in possession of 1.100 Kg of Ganja and 75 Nitrazepam IP Nitravet Tablets weighed to be 0.145 grams and hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and no recovery was made from the petitioner and based on the confession statement of the co-accused, the petitioner has been falsely implicated in this case. He would further submit that the co-accused have already been obtained anticipatory bail by this Court and hence, he prays for grant of anticipatory bail to the petitioner. 4.

The learned Additional Public Prosecutor appearing for the State submitted that this is the second application for anticipatory bail and the earlier application was withdrawn by the petitioner on 21.11.2023 in Crl.O.P.(MD)No.20896 of 2023. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the facts that no recovery was made from the petitioner and the co-accused have already been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is ordered and 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 Judicial Magistrate No.II, Nagercoil, Kanyakumari District, 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)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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;

(c)the petitioner shall report before the respondent police as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; 3/5

(f)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; (g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.II NAGERCOIL, KANYAKUMARI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE SUB INSPECTOR OF POLICE KOTTAR POLICE STATION, KOTTAR, KANYAKUMARI DISTRICT.

4/5

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

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-852[I] dated 22/01/2024 )

ORDER

IN Date :18/01/2024 SS/DD/SAR- /24/01/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5