Vellimalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7214 of 2017 VELLIMALAI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE NIBCID POLICE STATION, DINDIGUL CRIME NO. 155/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. D. RAMESHKUMAR 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, who is arrayed as accused in Crime No.155 of 2015 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 Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioner submitted that the petitioner is alleged to have hold 2 kgs of Ganja without any valid permit and on seeing the Police party, he ran away from the scene of occurrence. He would further submit that no contraband is recovered from the petitioner. He is innocent. He has not committed any offence as alleged in the complaint. He has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that no previous case is pending against the petitioner and that the charge sheet has already been filed and the same is yet to be taken on file. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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 his appearance before the learned Additional District Judge cum Principal Special Judge for EC And NDPS 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 concerned Court 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 shall stand automatically dismissed.

sd/- 21/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE CUM PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE NIBCID POLICE STATION, DINDIGUL.

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

+1. CC to M/S. D. RAMESHKUMAR Advocate SR.No.61239 GCG CSL/PM-PN/SAR-I/30.06.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.7214 of 2017 Date :21/06/2017 https://hcservices.ecourts.gov.in/hcservices/