Sivakumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7302 of 2019 1.SIVAKUMAR, 2 ARUNPANDI, 3 VASANTH, 4 RANJITH, 5 KARTHICK, ... PETITIONERS / ACCUSED NOs.5 TO 9 Vs STATE REP.BY THE INSPECTOR OF POLICE, OTHAKKADAI POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 103 OF 2018). ... RESPONDENT / COMPLAINANT For Petitioners : MR.M.VASANTHAN Advocate For Respondent : MR.R.ANANDARAJ, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.5 to 9, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii) © and 29(1) of NDPS Act in Crime No.103 of 2018, seek anticipatory bail. 2.The case of the petitioners is that they were earlier arrested and released on bail in the above case and thereby, they were attending the case regularly from the year 2018 onwards. On 02.11.2018, non-bailable warrant was issued against them due to their non-appearance. The petitioners undertake that they will appear before the Court in future hearings and co-operate for the trial.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4.The learned Additional Public Prosecutor fairly conceded that before 02.11.2018, the petitioners were regularly appearing before the trial court and facing trial proceedings. Only on 02.11.2018, non-bailable warrant was issued against the petitioners for their non-appearance.

5.The submissions made by the learned counsel appearing on either side are considered.

6.Considering the fact that the petitioners were regularly appearing before the trial court on earlier occasions, I am of the considered opinion that it is a fit case for granting anticipatory bail. Anticipatory bail is granted to the petitioners with some stringent conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Principal Special Court for EC & NDPS Act Cases, Madurai, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner as well as the sureties shall submit a copy of their Aadhar card or any other Identity cards issued by the Government, in proof of their address, along with the surety bonds. ii) the petitioners shall appear before the trial court daily at 10.30 a.m. for a period of three weeks and thereafter, as and when required for interrogation.

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioners shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trial and in the event of the petitioner abscond, the respondent police shall register a case as provided under Section 229-A I.P.C.

(v) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

sd/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDGE, ADDITIONAL PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI.

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

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

+1 CC to Mr.M.VASANTHAN, Advocate ( SR-8911[I] dated 30/05/2019 )

ORDER

IN CRL OP(MD) No.7302 of 2019 Date :29/05/2019 vs AE/VR/SAR-I (31.05.2019) 3P 5C