M.Paulmani @ Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR M.Paulmani @ Babu ... Petitioner/Accused No.2 Vs The State Rep. By, The Inspector of Police, Vadaseri Police Station, Nagercoil, Kanyakumari District.

(Crime No.22/2022).

... Respondent/Complainant For Petitioner : Mr.Pragalathan, N.

Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.22 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.22 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that on 21.01.2022 at about 11.30 hours, on receiving a secret information, the respondent Police went to the place near Muthaian Aasan compound, Vadasery, Nagercoil, and found the accused in illegal possession of 1.100 kgs of Ganja. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. He would further submit that the petitioner was added only on the basis of the confession taken from the co-accused and that the petitioner is not having any previous case. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent would submit that 1.100 kgs of Ganja was recovered from the first accused and on the basis of the confession given by him, the present petitioner was added. He would further submit that the petitioner is not having any previous case under NDPS Act. 5.Considering the facts and circumstances of the case and considering the fact that the petitioner is not having any bad antecedents and that except the confession statement given by the co-accused, there is no other material to implicate the petitioner, 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Principal Special District Court (for EC & NDPS 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate 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 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 am 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

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 SPECIAL DISTRICT JUDGE (FOR EC & NDPS CASES), MADURAI.

2. THE INSPECTOR OF POLICE, VADASERI POLICE STATION, NAGERCOIL, KANNIYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6532 of 2022 Date :07/04/2022 das USK/PN/SAR-III/18.04.2022/3P/4C 3/3