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Madras High CourtCRL OP(MD)/19343/2015allowed

Mokkaraj, S/O. Many Thevar, v. The Inspector Of Police,

2015-10-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19343 of 2015 MOKKARAJ ..PETITIONER/ACCUSED No.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, RAYAPPANPATTI POLICE STATION, THENI DISTRICT.

CR.NO.274/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.K.PRABAKARAN Advocate For Respondent : M/s.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 accused, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Section 8(c) r/w Section 20(b)(II)(B) of NDPS Act, 1985 in Cime No.274 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on seeing the Police, the petitioner ran away from the scene of occurrence and A2 was arrested and recovered 16 kgs. of Ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that as per the confession of A1, the petitioner is implicated as accused and A1 was arrested and released on bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that no previous case is pending against the petitioner.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special Court for EC and NDPS Act cases, Madurai, and on 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 Judge concerned and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 am and 5.00 pm until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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6.The petitioner shall appear before the concerned Judge 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/- 08/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI. 2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE INSPECTOR OF POLICE, RAYAPPANPATTI POLICE STATION, THENI DISTRICT. +1. CC to M/S.K.PRABAKARAN Advocate SR.No.60107 ORDER IN CRL OP(MD) No.19343 of 2015 Date :08/10/2015 PBK/GSV-PM/SAR-I 13/10/2015 ::2P-5C::

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