Sasi @ Sasi Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Sasi @ Sasi Kumar ... Petitioner/Accused No.1 Vs The State through The Inspector of Police, VK Pudur Police Station, Tenkasi District.

Crime.No. 51 of 2022.

... Respondent/Complainant For Petitioner : Mr.A.Selvakumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.51 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8 (c) & 20(b)(ii)(B) of NDPS Act, in Crime No.51 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that based on the secret information received, the respondent Police conducted raid and they found that the accused was in possession of Ganja weighing 1.900 kgs. Hence, the present complaint.

3.The learned counsel for the petitioner would submit that there was no recovery from the petitioner and that the petitioner was implicated only on the basis of the confession statement alleged to have taken from the co-accused.

1/3

4.The learned Additional Public Prosecutor appearing for the State would submit that the entire contraband was recovered from the co-accused/A2 and only on the basis of the confession statement given by the second accused, the petitioner was added as an accused. He would further submit that the petitioner is having one previous case under the NDPS Act.

5.Admittedly, there was no recovery from the petitioner. 6.Considering the above and also the facts that the petitioner was implicated only on the basis of the confession allegedly taken from the co-accused and also taking note the quantum of contraband involved in this case and also the fact that even in the previous case, there was no recovery from the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Special Court for NDPS Act Cases, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Special Judge concerned and on further conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned 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 learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 2/3

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS 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 SPECIAL COURT FOR NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE VK PUDUR POLICE STATION, TENKASI DISTRICT.

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

+1 CCtoM/s.C.SENTHIL MURUGAN, Advocate (SR-3711[I]dated 22/04/2022 )

ORDER

IN CRL OP(MD) No.7523 of 2022 Date :22/04/2022 PKP/JM/SAR-4/28.04.2022/3P/5C 3/3