Madras High CourtCRL OP(MD)/6942/2020granted

Vinoth v. The Sub Inspector Of Police

2020-07-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.6942 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6942 of 2020 VINOTH ... PETITIONER /2nd ACCUSED VS.

THE STATE REP BY THE SUB - INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

(CRIME NO.152 OF 2020) ... RESPONDENT/COMPLAINANT For Petitioner : M/s S.Muniyandi Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.152 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act,in Crime No.152 of 2020 on the file of the respondent police, seeks anticipatory bail. 3.The learned Government Advocate (Crl.side) points out that the petitioners' earlier petition for anticipatory bail was dismissal in view of his bad antecedents. Of course, as rightly pointed out by the learned Government Advocate, there is no change in circumstance. 4.In view of the current pandemic situation, I am inclined to show indulgence. It is moreso because the case on hand involves only a small quantity of 2kgs.

The learned counsel appearing for the petitioner gives an undertaking to pay a sum of Rs.5,000/-(Rupees Five Thousand only) to the credit of Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai. This will be a non-refundable payment, but without prejudicie to the petitioner's defence in the trial. https://hcservices.ecourts.gov.

CRL OP(MD). No.6942 of 2020 6.Recording the undertaking given by the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditins. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Principal Special Court for EC & NDPS Act Cases, Madurai, and on 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 special judge concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 7.The petitioner shall appear before the concerned judge within a period of eight(8) weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI.

2 THE SUB INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6942 of 2020 Date :10/07/2020 NS JM/JC/SAR 3/15.07.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2