Jayachitra v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5309 of 2017 JAYACHITRA ... PETITIONER / ACCUSED No.2 Vs STATE, REPRESENTED BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT CRIME NO. 551/2016 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MAHENDRAPATHY Advocate For Respondent : Mrs.S.PRABHA, Govt. Advocate ( Crl. Side) 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.551 of 2016 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 Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel for the petitioner submitted that while conducting raid, the petitioner along with the other accused were found in possession of 1.250 kg of Ganja and the same was seized. For statistical purpose, the petitioner was falsely implicated in this case. She is innocent. She has not committed any offence as alleged in the complaint.

4.The learned Government Advocate appearing for the respondent / Police submitted that no previous case is pending against the petitioner and that the investigation is pending.

5. Considering the facts and circumstances of the case and also considering the fact that no previous case is pending against the petitioner and though the case is of the year 2016, the respondent Police did not take any steps to arrest the accused and in order to facilitate the investigation and to file charge sheet at the https://hcservices.ecourts.gov.in/hcservices/

earliest, 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 her appearance before the learned Additional District Judge cum Principal Special Court for EC & NDPS Act cases, Madurai and on her 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 daily 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 stands dismissed.

sd/- 27/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE CUM PRINCIPAL COURT FOR EC & NDPS ACT CASES, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

3 THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT +1. CC to Mr.S.MAHENDRAPATHY Advocate SR.No.21460 JAM/03.05.17/PM-PN/SAR 4 2p-5c

ORDER

IN CRL OP(MD) No.5309 of 2017 Date :27/04/2017 https://hcservices.ecourts.gov.in/hcservices/