Suresh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18141 of 2016 SURESH ... PETITIONER/ACCUSED No.4 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT, CR NO. 202 OF 2014. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/A4, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 8 (c) r/w Section 20(b)(ii) (B) of NDPS Act in Crime No.202 of 2014 on the file of the respondent police.

2.The case of the prosecution is that while the respondent conducted raid, the petitioner along with other accused were carrying a bag containing 2 kgs of Ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submits that no previous case is pending against the petitioner. 5.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;

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(b) In the event of appearance before the learned Additional District Court for Principal Special Court for EC & 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.10,000/- (Rupees ten 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 report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 22/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT COURT FOR PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASE,MADURAI.

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

3 THE SUB INSPECTOR OF POLICE,USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT, +1. CC to M/S.S.MUNIYANDI Advocate SR.No.55076.

ORDER

IN CRL OP(MD) No.18141 of 2016 Date :22/09/2016 AM/SS3/SAR-I/26.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/