Esakkiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Esakkiyammal ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

Cr.No. 60 of 2022.

...Respondent/Complainant

For Petitioner : Mr.M.Jegadeesh Pandian, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.60 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8 (c),r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.60 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that on receiving secret information, on 12.02.2022, the Police party reached Panagudi Main Bazar, Puliyamaram Bus Stop, wherein they found that the petitioner and the other accused were in possession of ganja weighing 1.100 kgs, on seeing the Police party the accused persons tried to run away. Hence, the present complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as 1/3

alleged by the prosecution. He would further submit that there was no recovery from the petitioner and he was falsely implicated on the basis of the confession statement alleged to have been taken from the first accused.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the first petitioner was arrested and he is in custody. He would further submit that the petitioner is not having any previous case.

5.Admittedly, there was no recovery from the petitioner and that except the confession statement given by the co-accused, there is no other material to implicate the petitioner in this case. 6.Considering the facts and circumstances of the case and also the fact that the petitioner is not having any bad antecedents as stated by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Principal Special Court for EC and NDPS Act, Cases, Madurai, on condition that the petitioner 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 conditions that:

a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 for a period of one month and thereafter, as and when required.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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 2/3

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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE PRINCIPAL SPECIAL COURT, FOR EC AND NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.3466 of 2022 Date :18/02/2022 PKP/JM/SAR-4/24.02.2022/3P/4C 3/3