Bothumani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11552 of 2018 BOTHUMANI ... PETITIONER/2nd ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICT.

Crime No. 188/2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.A.SIVAKUMAR 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, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.188 of 2018, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.The contraband in question is a small quantity of 3 1⁄2 k.gs. of kanja. This Court went through the contents of the F.I.R. It is seen that one Ganesan was arrested.

Based on his statement, the respondent police are said to have gone to the house of the petitioner herein. The F.I.R reads that the petitioner dropped a plastic bag containing the contraband and ran away. The sequences of facts set out in the F.I.R does not inspire the confidence of this Court. However, this observation is made only for the purpose of this petition and this shall not be utilised for any other reason. Further, it appears that the petitioner is a woman aged about 50 years and she has no previous case.

4.Taking into account of these circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam and on his executing a bond for a sum of 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/- 10/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM,THENI DISTRICT. 2.THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3.THE INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICT.

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

+1. CC to Mr.SIVAKUMAR Advocate SR.No.12579

ORDER

IN CRL OP(MD) No.11552 of 2018 Date :10/07/2018 TK-MMS/ASVM/13.07.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/