Madras High CourtCRL OP(MD)/19272/2016granted

Jeyakumar v. The Inspector Of Police,

2016-10-06Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19272 of 2016 JEYAKUMAR ... PETITIONER / ACCUSED NO.4 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE, ARALVAIMOLI POLICE STATION, KANYAKUMARI DISTRICT (CR. NO.225 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section8 (C) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.225 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on inspection A1 was found in possession of 5 kgs of Ganja and thereafter the respondent police seized the contraband and thereafter based on the confession given by A1 the petitioner was arrayed as A4.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Government Advocate (criminal side) submitted that the petitioner is arrayed as A4 and ganja also recovered. He further submitted that the petitioner is implicated in the case based upon the confession of A1 and seizure has made from the petitioner/A4 and charge sheet also filed and taken cognizance in C.C.No.205 of 2016 by the learned Principal Special District Sessions Court for NDPS Act Cases, Madurai.

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5.Considering the facts and circumstances of the case , I am inclined to grant anticipatory bail to the petitioner with the following condition. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Principal Special District Sessions Court for NDPS Act cases, Madurai, within a period of 10 days from the date on which the order copy made ready, and on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the Trial Court daily at 10. a.m. until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

sd/- 06/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL DISTRICT SESSIONS JUDGE FOR NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE, ARALVAIMOLI POLICE STATION, KANYAKUMARI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.59499 GJM/SS2/SAR-I-13.10.16-2P-5C

ORDER

IN CRL OP(MD) No.19272 of 2016 Date :06/10/2016 https://hcservices.ecourts.gov.in/hcservices/