Selvakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21234 of 2015 SELVAKUMAR ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY ITS THE INSPECTOR OF POLICE MANDABAM POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.72 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.KARUNANITHI Advocate For Respondent : MR.K.ANBARASAN, 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 No.1, apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 8(C) r/w 20(b) (ii) (B) of NDPS Act, 1985, in Crime No.72 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 03.06.2015 the respondent police received information and conducted vehicle check at sea shore in Rameshwaram. At that time, the vehicle bearing Registration No.TN 65 M 0699 tried to escape from the place of occurrence and the police chased the vehicle, but three persons in the car left the vehicle and ran away. The respondent police seized 3 kgs of Ganja from the vehicle.

3.The case of the petitioner is that he is innocent person and his name has been falsely implicated in this case. The contraband was seized by the police as early as on 03.06.2015, but it was not produced before the concerned Court.

4.The learned Government Advocate (Crl.side) submitted that no previous case is pending against the petitioner and the contraband were seized. If the petitioner is released on anticipatory bail, he will indulge in similar activities.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case is pending

against the petitioner and the contraband seized is not a commercial quantity, 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 Principal Special District Sessions Court for NDPS Act Cases, Pudukottai 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 Principal Special District Sessions Court for NDPS Act Cases concerned and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Court 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/- 08/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE PRINCIPAL SPECIAL DISTRICT SESSIONS COURT FOR NDPS ACT CASES, PUDUKOTTAI.

2 THE INSPECTOR OF POLICE,MANDABAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S M.KARUNANITHI Advocate SR.No.70210 am CSL/GSV-AN/SAR-II/16.12.2015/2P/6C

ORDER

IN CRL OP(MD) No.21234 of 2015 Date :08/12/2015 https://hcservices.ecourts.gov.in/hcservices/