Selvi, F/45, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5999 of 2015 SELVI, ... PETITIONER / ACCUSED No.3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, SOUTH POLICE STATION, KAMBAM, THENI DISTRICT, (IN CR.NO.91 OF 2015). ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.A.K.AZAGARSAMI Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government 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 Sections 8(i) r/w 20(b) (iii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.91 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. It is seen that the first accused, in this case, was arrested by the respondent police, on 24.03.2015, for possessing eight kilograms of Kanja and based on the confession statement of the arrested accused, this petitioner has been implicated.

3. The learned Government Advocate [Criminal Side] submitted that there is no previous case against this petitioner.

4. Considering the above, 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 Additional District Court for Principal Special Court for NDPS 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: [a] the petitioner shall report before the respondent police at 10:30 AM for a period of four weeks and thereafter as and when required for interrogation.

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[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 compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not. sd/- 31/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT COURT FOR PRINCIPAL SPECIAL COURT FOR NDPS CASES, MADURAI. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, KAMBAM, THENI DISTRICT. +1. CC to M/S.A.K.AZAGARSAMI Advocate SR.No.16244. TS/01.04.2015/2P-5C

ORDER

IN CRL OP(MD) No.5999 of 2015 Date :31/03/2015 https://hcservices.ecourts.gov.in/hcservices/