Muniyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.5527 of 2015 MUNIYAMMAL ... PETITIONER/ACCUSED -2 Vs THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT. CR. NO.105/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C. KANNAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.105 of 2015, on the file of the respondent police for the offences under Sections 8(c) r/w 20(b) (ii) (B) of NDPS Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that one Ramalingam (A1) was arrested by the respondent police on 27.02.2015 with around 10 kgs. of Ganja. Based on the confession statement of Ramalingam (A1), the petitioner is being implicated in this case.

3. The learned Government Advocate (crl. side) on instructions from the respondent police, who is present today, would submit that there is no previous case against the petitioner.

4. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioner, but with conditions.

6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate No.I, Madurai on executing a separate 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, (a) The petitioner shall report before the respondent police daily at 10.30 a.m for a period of four weeks and thereafter as and when required.

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

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[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 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/- 25/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S. C. KANNAN Advocate SR.No. 14655 SR : 27.03.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.5527 of 2015 Date :25/03/2015 https://hcservices.ecourts.gov.in/hcservices/