Pandieswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2285 of 2015 PANDIESWARI ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP BY THE INSPECTOR OF POLICE NAGAMALAI PUTHUKOTTAI POLICE STATION, MADURAI, MADURAI DISTRICT.

CR. NO.317/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M. PITCHAI MUTHU Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who 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 in Crime No.317 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. In this case, the first accused was arrested with 1.100 kgs of ganja on 11.07.2014 and the first accused was arrested. Based on the confession statement of the first accused the petitioner has been implicated. There is no previous case pending against the petitioner.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the State.

4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Special Court for NDPS Act Cases, Madurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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[a] the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioners are complying with the order or not. sd/- 10/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE NAGAMALAI PUTHUKOTTAI POLICE STATION, MADURAI, MADURAI DISTRICT.

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

+1. CC to M/S.M. PITCHAI MUTHU Advocate SR.No.6094

ORDER

IN CRL OP(MD) No.2285 of 2015 Date :10/02/2015 NA/12/02/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/