Madras High CourtCRL OP(MD)/5359/2017granted

Anandhu, v. The Inspector Of Police,

2017-04-28Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.5359 of 2017 ANANDHU, ... PETITIONER/ACCUSED No.1 Vs STATE REP BY THE INSPECTOR OF POLICE, PULIYARAI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.70/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.SIVANANDHAN Advocate For Respondent : MR.K.V.RAJARAJAN. Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.1 was arrested and remanded to judicial custody on 09.04.2017 for the offences punishable under Sections 3,4 (a) of IES Act and Section 8 (c) R/w. 20(b)(ii) (A) of NDPS Act on the file of the respondent police, seeks bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent/State.

3. The learned counsel for the petitioner submitted that he petitioner is a college student hailing from Trivandrum and he is addicted to narcotic drug. When the police intercepted him, he was not able to convey the same in Tamil and that the police has arrested him. The learned counsel for the petitioner submits that no country bomb was seized from the petitioner and the petitioner is in judicial custody from 09.04.2017 and he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) submitted that the other two accused in this case are absconding. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner and the petitioner is ordered to be released on bail subject to the following conditions:

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(i) the petitioner shall execute 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 Judicial Magistrate, Shencottah, since the petitioner is hailing from Trivandrum, to ensure his appearance for investigation before the police and Court during trial, one surety shall be his (*)mother ; (ii) the petitioner shall appear before the Investigating Officer daily at 10.30a.m, until further orders; (iii) the petitioner shall not tamper with the evidence or witness either during investigation or trial (iv) the petitioner shall not abscond either during investigation or trial;

(v) on breach of any of the aforesaid conditions, the 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 Magistrate/Trial Court.

sd/- 28/04/2017 (*) CORRECTED ORDER ISSUED ORDER DATED 17.05.2017 IN CRL MP(MD)NO.3989/2017 CRL OP(MD)NO.5359/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO (To be Substituted the order already despatched) 1 THE JUDICIAL MAGISTRATE, SHENCOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, PULIYARAI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.SIVANANDHAN Advocate SR.No.22139

ORDER

IN CRL OP(MD) No.5359 of 2017 Date :28/04/2017 SMA/CM-MSA/SAR-4/28.04.2017:2P/7C GJM/PN/SAR-3-19.5.17-2P-7C https://hcservices.ecourts.gov.in/hcservices/