Durai @ Thenakarai Muthu v. The S.I. Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15028 of 2015 DURAI @ THENAKARAI MUTHU ... PETITIONER/ACCUSED NO.3 Vs THE S.I. OF POLICE, PALAYAMKOTTAI P.S. TIRUNELVELI DISTRICT.

(CR.NO.547/15) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.R.RAJA ADVOCATE FOR RESPONDENT : MRS.S.PRABHA GOVERNMENT ADVOCATE (CRL.SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A3 apprehends arrest at the hands of the respondent police for the alleged offence punishable under section 8(C) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.547 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner/A3 was found in possession of 2 kgs of Poppy.

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.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioner is having one previous case of IPC offence and he has no previous case with regard to NDPS case.

5.However, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Tirunelveli 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily twice I.e. at 10.00 a.m and 05.00 p.m until further orders. The petitioner shall comply https://hcservices.ecourts.gov.in/hcservices/

with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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 stands dismissed.

sd/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI

2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE S.I. OF POLICE,PALAYAMKOTTAI P.S.

TIRUNELVELI DISTRICT.

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

+1. CC to M/S.R.RAJA Advocate SR.No. 43896

ORDER

IN CRL OP(MD) No.15028 of 2015 Date :04/08/2015 2p/6c TE/AMF/SAR-I 10/08/2015 https://hcservices.ecourts.gov.in/hcservices/