Karanthamalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Karanthamalai ... Petitioner/Accused No.3 Vs The State Rep.by The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

(Crime No.179/2021).

... Respondent/Complainant For Petitioner : M/s. N.Jeyaram Sidharth Advocate.

For Respondent : M/s.SS.Madhavan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.179/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) and 20(b)(ii)(B) of NDPS Act in Crime No.179 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused persons were in possession of 1.100 kgs of ganja, when the police party has intercepted the vehicle on the basis of a secret information. One person escaped from the place and other was arrested. The contraband was seized by the respondent police and registered a case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The petitioner is an acting driver. On the basis of the 1/3

confession statement of the co-accused, this petitioner has been implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is having one previous case and that the provisions of mines and minerals and no previous case in similar nature of this case.

5. Considering the nature of offence and the fact that the petitioner is not having any pending case in the similar nature of this case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Kamuthi, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police once in a month at 10.30 a.m. until further orders. The petitioner shall comply 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/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn 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 Judicial Magistrate, Kamuthi.

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2. -do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3.The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.2180 of 2022 Date :03/02/2022 RD/SBN/SAR-II(11.02.2022) 3P 5C 3/3