Kumaresan v. The Inspector Of Police

CRL OP(MD). No.2261 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2261 of 2022 Kumaresan ... Petitioner/3rd Accused Vs The State Rep.by The Inspector of Police, Fort Police Station, Trichy City.

(Crime No.725/21) ... Respondent/Complainant For Petitioner : M/s.Ebenezer Charles T J, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For bail in Crime No.725 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to the judicial custody on 13.07.2021 for the alleged offence under Sections 270, 328 of IPC and Sections 8(c) r/w 20(b)(ii)(B) & 21(a), 27(a) of NDPS Act, 1985 and section 51(b) of Disaster Management Act, in Crime No.725 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the police party was on routine patrol and on secret information, they went to the place of occurrence, at that time, they found four persons in a two Wheeler bearing registration No.TN-42-Az-997. They were apprehended and on enquiry, inspection and search, they found to be in possession of 15080 tablets of Nitovite, 200 tables of Nittrosun, Tydol tablets-53, Nephentermine injunction IP 10 ML bottles, 25 Syringes and 3 kgs of ganja. So arrested and the contraband has also been seized.

3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the this Court has granted https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2261 of 2022 bail to the co-accused in Crl.O.P.(MD).Nos.17777 and 18883 of 2021 dated 04.01.2022.

4.The learned Government Advocate(Crl.Side) submitted that these petitioner is continuously engaging in illegal activities and spoiling the younger society by supplying and selling the contraband as well as the drugs. He further submitted that no other previous case is reported against this petitioner and also submitted that the most of the investigation might have been over. 5.Considering the period of custody of this petitioner and by this time, most of the investigation might have been over and no previous case is pending against this petitioner and granting of bail to the co-accused, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Special Court for NDPS Act Cases, Pudukkottai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 03/02/2022 / 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 SPECIAL JUDGE FOR NDPS ACT CASES,PUDUKKOTTAI. 2 THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY CITY.

3 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1CC to M/s.T.J.EBENEZER CHARLES, Advocate (SR-701[I] dated 03/02/2022) ORDER IN CRL OP(MD) No.2261 of 2022 TM Date :03/02/2022 MS/JM/SAR-4/04.02.2022/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2