Abdul Wahith v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Abdul Wahith

...Petitioner/Accused 1

-vsState represented by The Inspector of Police, Thuvarangurichi Police Station, Trichy District.

(in Cr.No.214 of 2022)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No. of 2022.

For Petitioner : Mr.R.Aravind Raj, Advocate For Respondent : Mr.A.Albert James Government Advocate (Crl.side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 8(c), 20(b)(ii)(a) of NDPS Act, 1985 in Crime No.214 of 2022 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant is that they found 1.250 kg of ganja in a two wheeler near the toilet belonging the Ponnampatti Municipality and on seeing the police, the petitioner and another escaped from the scene of occurrence. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He would also submit that the petitioner is ready to appear before the respondent police for further interrogation and he is willing to abide by any condition that may be imposed by this Court. He prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) would submit that totally there are 2 accused in this case and no previous case is pending against the petitioner. He opposes for grant of anticipatory 1/3

bail to the petitioner.

5. Heard. Perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case and considering the fact that there is no case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Trichy, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m. until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 25/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM 2/3

To 1.The Judicial Magistrate, Trichy 2.Do-through the Chief Judicial Magistrate, Trichy. 3.The Inspector of Police, Thuvarangurichi Police Station, Trichy District.

(in Cr.No.214of 2022) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.ARAVIND RAJ.R Advocate SR.No.1171

ORDER

IN CRL OP(MD) No.1450 of 2023 Date :25/01/2023 ED/SAR II(06.02.2023) 3P 6C 3/3