Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Saravanan ... Petitioner/Accused 2 Vs The State rep., by The Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

(Crime No.769 of 2020) ... Respondent/Complainant For Petitioner : Mr.S.VISHNUVARDHAN, Advocate For Respondent : Mr.T.SENTHIL KUMAR Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.769 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, 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 NDPS Act in Crime No.769 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on receipt of secret information, the respondent police conducted an inspection near Susi bulk, near Ettaiyapuram Road, Thoothukudi, at that time, A1 was found in possession of illegal ganal weighing 2.350 kg. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated based on the confession given by A1.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

5.Taking into consideration of the facts and circumstances of the case, the custodial interrogation of the petitioner is not required. 1/3

Accordingly, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6.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 on which the order copy made ready, before the learned Judicial Magistrate No.III, Thoothukudi, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 a.m and 05.30 p.m., until further orders. [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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO 1 THE JUDICIAL MAGISTRATE NO.III THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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3 THE INSPECTOR OF POLICE, THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4607 of 2023 Date :13/03/2023 SA/MMS/SAR.3/21.03.2023/3P/5C 3/3