Rajavel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Rajavel ... Petitioner/ Accused No.1 Vs The State represented by The Inspector of Police, Boothapandy Police Station, Kanyakumari District.

(Crime No.49 of 2022) ... Respondent/ Complainant For Petitioner : Mr.K.Ponnudurai, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.49 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 20(b)(ii)(B) r/w 8(c) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.49 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 16.02.2022 at about 19.00 hours, when the respondent police conducted a raid near Erachakulam Junction, they have seized 1.200 kg of Ganja from the accused 2 and 3. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner was implicated only on the basis of the confession alleged to have taken from the co-accused and that the petitioner is not having any previous cases under NDPS Act. 4.The learned Additional Public Prosecutor would submit that the accused 2 and 3 were arrested and 1.200 kg of Ganja was recovered from them and that on the basis of the confession given by the co-accused, the petitioner was added. He would further submit 1/3

that the petitioner is having 10 previous cases, in which, four cases were disposed of and two cases were referred, but he would fairly submit that the petitioner is not having any previous cases under NDPS Act.

5.Considering the above facts and circumstances and also the quantum of contraband seized and also the facts that the petitioner was implicated only on the basis of the confession given by the coaccused and that the petitioner is not having any previous cases under NDPS Act, 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 of receipt of a copy of this order, before the learned Principal District and Sessions Judge for NDPS Act cases, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Sessions Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c]the petitioner shall not tamper with the 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 Sessions Judge/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 Sessions Judge/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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE FOR NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE BOOTHAPANDY POLICE STATION, KANYAKUMARI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. PONNUDURAI.K. Advocate SR.No.3044

ORDER

IN CRL OP(MD) No.6302 of 2022 Date :05/04/2022 SS/SVR/SAR:I/11.04.2022 : 3P/5C 3/3