Vinay A.Parade v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vinay A.Parade, ... Petitioner Vs The Sub Inspector of Police, Kodaikanal Police Station, Dindigul District.
Tamilnadu.
Crime No.73/2024.
... Respondent For Petitioner : Mr.T.LAJAPATHI ROY, Senior counsel for M/s.Vikram Veerasamy B, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.73/2024 on the file of the Respondent Police.
1/5
ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.73 of 2024, for the offence punishable under Sections 8(c), 22(b) and 22(c) of Narcotic Drugs & Psychotropic Substances Act, 1985, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the respondent police has seized 7 grams of Metamfetamine, 36 grams of Charas, 100 grams of Ganja Oil and 60 grams of Mushroom capsules/Golden Teachers (104 capsules) from the petitioner. Hence, the case.
3. The learned Senior counsel appearing for the petitioner submits that it is only a dispute between the land lord and the tenant. Therefore, this case has been foisted. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending as against the petitioner. 5.Earlier this Court has granted interim anticipatory bail to the petitioner with 2/5
a direction that he should appear before the respondent police and co-operate for the investigation. Today, the investigation officer has filed a report before this Court and the same is recorded as under:
"I submit that after I having completed the investigation of this case and having receipt of the Laboratory test report after due approval from the higher authorities and from the prosecutor opinion I will alter the offence from under Section 8(c), 22(b) and 22(c) of Narcotic Drugs & Psychotropic Substances Act, 1985 to Section 8(c) r/w 20(b) !! (A) of Narcotic Drugs & Psychotropic Substances Act, 1985 altered on 22.06.2024."
6. Considering the report submitted by the investigation officer, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the 3/5
Principal Special Court for NDPS Act and EC Act Case, Madurai District. (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) The petitioner shall appear before the respondent police once in a week at 10.30 am until further orders for interrogation. He has to co-operate for the investigation.
(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 28/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE PRINCIPAL SPECIAL JUDGE FOR NDPS ACT AND EC ACT CASE, MADURAI DISTRICT. 4/5
2 THE SUB INSPECTOR OF POLICE KODAIKANAL POLICE STATION, DINDIGUL DISTRICT. TAMILNADU.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.MUTHU KAMATCHI, Advocate ( SR-7143[I] dated 28/06/2024 )
ORDER
IN CRL OP(MD) No.5469 of 2024 Date :28/06/2024 SS/JGB/SAR- /03/07/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5