Madras High CourtCRL OP(MD)/2229/2020partly allowed

Mahendra Babu v. The Inspector Of Police

2020-02-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2229 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2229 of 2020 1.Mahendra Babu 2.Muthu ... Petitioners/Accused Nos.1 and 2 Vs The State rep.by The Inspector of Police, Usilampatti Police Station, Madurai District.

Crime No.101/2020 ... Respondent/Complainant For Petitioners: M/s.S.Balaji, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.101/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 8(c) r/w. 20(b)(ii)(B) and 29(1) and 25 of NDPS Act, in Crime No.101 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The petitioners' counsel states that the first petitioner will surrender before the Court below and apply for regular bail.

4. Hence, this criminal original petition stands dismissed as withdrawn as far as the first petitioner is concerned.

5. The second petitioner is only the owner of the vehicle. It appears that the first accused was driving the vehicle, when the recovery took place. The second accused was not even present in the scene of occurrence. He has been implicated only because he is the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2229 of 2020 owner of the vehicle.

6. In view of the above, I am inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judge, Special Court for NDPS Act Cases, Madurai, Madurai District, 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The second 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 shall stand dismissed.

sd/- 10/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SPECIAL COURT FOR NDPS ACT CASES, MADURAI, MADURAI DISTRICT.

2.THE INSPECTOR OF POLICE, USILAMPATTI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.S.BALAJI Advocate SR.No.2756

ORDER

IN CRL OP(MD) No.2229 of 2020 pmu Date :10/02/2020 TK/VR/SAR.4/13.02.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2