Madras High CourtCRL OP(MD)/6471/2017ordered

Samaraj, v. The Inspector Of Police,

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6471 of 2017 SAMARAJ, ... PETITIONER / PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

(CR.NO.124/2017) ... RESPONDENT/ RESPONDENT /COMPLAINANT For Petitioner : M/S.M.PITCHAIMUTHU 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 is the sole accused in Crime No.124 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. The learned counsel for the petitioner submitted that considering the facts and circumstances of the case, this Court had already granted anticipatory bail to the petitioner in Crl.O.P(MD) No.4297 of 2017, vide order dated 17.04.2017 on condition that the petitioner should surrender before the Court below within a period of fifteen days from the date on which the order copy made ready, failing which the petition for anticipatory bail stands dismissed. But, due to unavoidable circumstances, he could not surrender. Hence, the petitioner has come up with the present petition for anticipatory bail. He further submitted that, when the matter came up for hearing on 01.06.2017, this Court directed the petitioner to pay a sum of Rs.1,000/- towards Legal Aid Services Authority attached to the Madurai Bench of Madras High Court, Madurai, on or before 05.06.2017. He further submitted that the petitioner had complied with the said direction and cost memo has also been filed to that effect.

3. The learned Government Advocate(Crl. Side) affirms the above said fact.

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4. This Court heard the submissions made on either side and perused the order passed in Crl.O.P(MD)No.4297 of 2017, dated 17.04.2017.

5.Considering the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the petitioner in Crl.O.P(MD)No.4297 of 2017, dated 17.04.2017, 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 on his appearance before the learned Principal Special Court for E.C and N.D.P.S 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 daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, SSM Madurai - 625 023. TO 1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR E.V.

AND N.D.P.S.ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.M.PITCHAIMUTHU Advocate SR.No.23554 SVA/CM/MSA/SAR-2-8.6.17-2P-5C

ORDER

IN CRL OP(MD) No.6471 of 2017 Date :06/06/2017 https://hcservices.ecourts.gov.in/hcservices/