Nathiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11111 of 2018 NATHIYA ... PETITIONER/ACCUSED-1 Vs STATE REP.BY THE INSPECTOR OF POLICE VELIPALAYAM POLICE STATION, NAGAPATTINAM DISTRICT.

CRIME NO.168 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.PALANIKUMAR Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent Police for the offences under Sections 8 (c) and 20 (b) (ii)(B) of the Narcotics Drugs & Psychotropic Substances, 1985. 2.The quantity of contraband involved is 4 Kilograms and 400 Grams.

3.The learned counsel appearing for the petitioner submits that the petitioner is a young woman, aged about 30 years. She has not come under adverse notice. She has been falsely implicated in this case. This Court grants anticipatory bail to the petitioner. The petitioner was finding difficult to secure sureties. Therefore she is yet to surrender the sureties before the learned Judicial Magistrate. The First Information Report reads that when the Police Party came to the spot based on the information, the petitioner ran away from the occurrence. This Court finds it difficult to believe the said averment.

4.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 her appearance before the learned 2nd Additional District and Sessions court for NDPS and EC Act Cases, Tanjore and on his executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

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 respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.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 dismissed.

sd/- 04/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE 2ND ADDITIONAL DISTRICT AND SESSIONS JUGE FOR NDPS AND EC ACT CASES, TANJORE.

2 THE INSPECTOR OF POLICE VELIPALAYAM POLICE STATION, NAGAPATTINAM DISTRICT.

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

+1. CC to M/S.A.PALANIKUMAR Advocate SR.No.12425 GJM/RR/CSL/ASVM/13.7.18-2P-5C

ORDER

IN CRL OP(MD) No.11111 of 2018 Date :04/07/2018 https://hcservices.ecourts.gov.in/hcservices/