Dilipkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Dilipkumar ... Petitioner/Accused-3 Vs The Inspector of Police, Usilampatti Taluk Police Station, Madurai.

Crime No. 74/2024.

... Respondent/Complainant For Petitioner : M/s. Murugavel.A, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 74 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who was arrested on 06.03.2024 for the alleged offence under Sections 20(b), (ii) (B), 29(1) and 25 of NDPS Act in Crime No.74 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the respondent police has recovered 14 kgs of ganja from the first and second accused on 06.03.2024 in a Car bearing Registration No.TN 11 P 1281 and based on the confession statement of the first accused, this petitioner was arrested on the same day and was arrayed as third accused.

3.The learned counsel appearing for the petitioner submits that except the confession statement of the co-accused, there is no other incriminating materials as against this petitioner. He further submits that the main accused 1 & 2, from whom the contraband was recovered were already released on bail by the trial Court. 4.The learned Additional Public Prosecutor objects for grant of bail to the petitioner that there is a bank transaction between the petitioner and the first accused and this petitioner went to Andhra Pradesh for purchase of contraband on behalf of 2/5

the first and second accused.

5. Considering that only based on the confession statement of the coaccused, the petitioner was arrested and the main accused were released on bail by the trial Court, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- 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 learned District Munsif cum Judicial Magistrate No.I, Usilampatti, Madurai.

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 daily at 10.30 a.m, until further orders.

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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. The petitioner shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 26/04/2024 / TRUE COPY / 26/04/2024 Sub-Assistant Registrar (CO ) Madurai Bench of Madras High Court, Madurai - 625 023.

vrn TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE NO.I, USILAMPATTI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE OFFICER IN CHARGE, DISTRICT JAIL, THENI.

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4.THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI.

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

+1 CC to M/s.A.MURUGAVEL, Advocate ( SR-4949[I] dated 26/04/2024 )

ORDER

IN CRL OP(MD) No.5576 of 2024 Date :26/04/2024 RK/ (26/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5