Madras High CourtCRL OP(MD)/16848/2016allowed

Anbalagan v. The Inspector Of Police

2016-09-19Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.16848 of 2016 ANBALAGAN ... PETITIONER/ACCUSED No.6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VARUSANADU POLICE STATION, THENI DISTRICT, CR NO. 1 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(B) of NDPS Act, 1985 in Crime No.1 of 2011 on the file of the respondent police.

2. The case of the prosecution is that the accused found with gunny bags containing 5 kilograms of ganja, totally 30 kgs of ganja was seized.

3. Learned Government Advocate (Crl. Side) submits that after completion of investigation, charge sheet has been filed and the same has been taken on file in C.C.NO.20 of 2013 and the petitioner has no previous case and he is arrayed as A6 and co-accused have already been released on bail and anticipatory bail.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

https://hcservices.ecourts.gov.in/hcservices/ (b) In the event of appearance before the Special District

Sessions Court for NDPS Act Cases, Madurai, within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.30,000/- (Rupees thirty thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall appear before the concerned court for all future hearings and on his failure, he shall file appropriate petition under Section 317 Cr.P.C.

sd/- 19/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL DISTRICT SESSIONS COURT FOR NDPS ACT CASES, MADURAI.

2 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE INSPECTOR OF POLICE VARUSANADU POLICE STATION, THENI DISTRICT, +1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.53679.

ORDER

IN CRL OP(MD) No.16848 of 2016 Date :19/09/2016 AM/SK.SKN/SAR-I/21.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/