Madras High CourtCRL OP(MD)/5100/2017ordered

Uthayasuriyan v. The Inspector Of Police

2017-06-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5100 of 2017 UTHAYASURIYAN ... PETITIONER/ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE CHEKKANOORANI POLICE STATION, MADURAI DISTRICT, CRIME NO. 179 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2 in Crime No.179 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioner submitted that on 29.03.2017 the petitioner along with A1 was found in possession of 1.250 kgs of Ganja and on seeing the Police party, the petitioner is alleged to have escaped from the scene of occurrence. He would further submit that the recovery has been made only from A1. On the confession of A1, the petitioner has been implicated as accused in this case. The petitioner is innocent. He has not committed any offence as alleged in the complaint. He has been falsely implicated in this case. He is ready to co-operate with the enquiry. 4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that one previous case is pending against the petitioner and that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special Court for EC & NDPS Act cases, Madurai and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police once in a week i.e., on every Monday at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner 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 shall stand automatically dismissed.

sd/- 15/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE, CHEKKANOORANI POLICE STATION, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.24282 GCG CSL/PM-PN/SAR-I/20.06.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.5100 of 2017 Date :15/06/2017 https://hcservices.ecourts.gov.in/hcservices/