Siva v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20743 of 2015 SIVA ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT, CR NO.104 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.MAHENDRAPATHY Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as A2 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act and Section 25 of NDPS Act, in Crime No.104/2014 and hence, seek anticipatory bail. 2.The case of the prosecution is that the Petitioner/A2 is found in possession of 5.00 Kgs of Ganja.

3.The learned counsel for the Petitioner submitted that the Petitioner is innocent and he has been falsely implicated in this case only for statistical purpose and hence he prays for the relief of anticipatory bail.

4.The learned Government Advocate(Crl.side) opposed the anticipatory bail petition and would further that A1 was already arrested and released on bail.

5.Considering the facts and circumstances of the case as stated above, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Additional District Judge of Principal 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 to the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily twice at 10.30 a.m and 5.30 p.m. until further orders. https://hcservices.ecourts.gov.in/hcservices/

The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously.

6. 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/- 29/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE ADDITIONAL DISTRICT JUDGE OF PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI.

2 -DO-THRO' THE PRINCIPAL DISTRICT JUDGE MADURAI.

3 THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S S.MAHENDRAPATHY Advocate SR.No.63720 akm/30.10.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.20743 of 2015 Date :29/10/2015 https://hcservices.ecourts.gov.in/hcservices/