Madras High CourtCRL OP(MD)/8954/2015ordered

Lakshmi v. The Inspector Of Police

2015-05-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8954 of 2015 LAKSHMI ..PETITIONER/ACCUSED No.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI DISTRICT.

(CR.NO.646 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.K.J.ASSOCIATES Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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.646 of 2015 on the file of the respondent police for offences under Sections 8(c) r/w. Section 20(b), (ii)(B) of NDPS Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side).

3. It is seen that A1 was found in possession of 1.25 kgs. of ganja and he was arrested on 28.04.2015. Based on the confession statement of A1, this petitioner being implicated.

4. The learned Government Advocate (Crl.side) submitted that there is one case pending against the petitioner for possession of 1.500 kgs. of ganja.

5. Under such circumstances, this Court is of the view that this is a fit case for granting anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the NDPS Court, Madurai District 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 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 for interrogation.

[b] the petitioner shall give her thumb impression, specimen signatures and handwritings.

[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.

https://hcservices.ecourts.gov.in/hcservices/

[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 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].

[f] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.side), whether the petitioner is complying with the order or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDGE, NDPS COURT, MADURAI DISTRICT.

2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.25172 ORDER IN CRL OP(MD) No.8954 of 2015 Date :06/05/2015 PBK/AMF 07/05/2015 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/