Dharma v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9433 of 2015 1 DHARMA 2 KARTHIK 3 VINOTH ... PETITIONERS/ACCUSED 1 TO 3 Vs STATE REP BY THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
CR. NO.220/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M. SUBASH BABU Advocate For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 20(1)(b) NDPS Act and hence, seek anticipatory bail.
2.The case of the prosecution is that the accused was found in possession of 1.200 kgs of ganja.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. It is further submitted that A4 and A5 were arrested and released on bail and prays for anticipatory bail in favour of the petitioners.
4.Per contra, the learned Government Advocate(Crl.Side) submitted that the first accused is having three previous cases for IPC offences and the second accused is having 23 cases and the third accused has no bad antecedents.
5. Considering the facts and circumstances of the case this Court is inclined to grant anticipatory bail to the petitioners 1 and 3 with certain conditions. In view of the endorsement made by the learned counsel for the petitioners, this petition as against the second accused is dismissed as withdrawn. https://hcservices.ecourts.gov.in/hcservices/
6. Accordingly, the petitioners 1 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Ramanathapuram, on each of them 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 02/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM 3 THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M. SUBASH BABU Advocate SR.No.27146
ORDER
IN CRL OP(MD) No.9433 of 2015 Date :02/06/2015 AA/03.06.2015/2p - 6c/ https://hcservices.ecourts.gov.in/hcservices/