Sanmugasundaram @ Prabhu 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 Sanmugasundaram @ Prabhu ... Petitioner/Accused No.3
Versus
The Inspector of Police, Kodaikanal Police Station, Dindigul District.
(Crime No.57/2024) ... Respondent/Complainant For Petitioner :
Mr.S.Thiruvengadam, 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.57 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.57 of 2024 for the offence under Sections 8(c), 22(c), 29(1) of NDPS Act and remanded him into judicial custody on 16.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that on 18.02.2024 at about 7.00 hrs., based on the secret information received, the police officials went to Poondi Bust Stop at 1/4
Kodaikanal. On seeing the police officials, three accused persons tried to escape from the place of occurrence. The police officials apprehended two accused persons, namely A1 and A2 and also recovered 55 grams of Magic Mushroom, which is used for intoxication. Based on the confession statement of A1 and A2, the petitioner was also arrested on 16.03.2024.
3. The learned counsel appearing for the petitioner submits that the petitioner/A3 was working as the Manager of a Cottage and he has been implicated in this case only through the confession statement of A1 and A2 that the contraband, which has been recovered from them, is meant for the petitioner/A3. Except the confession statement of A1 and A2, there are no other materials against the petitioner. However, he has been implicated in this case and he is languishing in jail from 16.03.2024.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed.
5. Considering the nature of offence, the period of incarceration and also considering the fact that except the confession statement of A1 and A2, there are no other materials against the petitioner, this Court is inclined to grant bail to the petitioner.
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6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing 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 Principal Special Court for trial of Narcotic Drugs and Psychotropic Substances Act Cases, 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. 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. He 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 Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI.
2 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.THIRUVENGADAM, Advocate ( SR-4983[I] dated 26/04/2024 )
ORDER
IN CRL OP(MD) No.5997 of 2024 Date :26/04/2024 RS//SAR-(26.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4