V. Lingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.883 of 2016 V.LINGAM ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, SANKARANKOVIL TALUK, TIRUNELVELI DISTRICT, CR NO. 2/2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.SHANKAR GANESH Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 4(1)(a) T.N.P.Act r/w 20(b)(ii)(B) N.D.P.S.Act, in Crime No.2 of 2016, on the file of the respondent Police, seeks anticipatory bail.
2. Heard Mr.R.Shankar Ganesh, learned counsel appearing for the petitioner / 2nd Accused and Mr.A.P.Balasubramanian, learned Government Advocate (Criminal Side) appearing for the State.
3. It is seen that 2 Kgs., of Ganja was seized from the 1st Accused, on whose confession the petitioner / 2nd Accused was implicated in this case.
4. Taking into consideration the fact that there is no previous case against the petitioner / 2nd Accused and based on the confession statement given by the 1st Accused, he was implicated in this case, this Court is of the view that this a fit case to grant anticipatory bail to the petitioner / 2nd Accused. Accordingly, he is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarankovil, Tirunelveli District, on condition that the petitioner / 2nd Accused shall execute 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 respondent Police or to the Police Officer, who intends to arrest https://hcservices.ecourts.gov.in/hcservices/
or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner / 2nd Accused shall report before the respondent Police daily at 06.30 p.m., for a period of two weeks and thereafter as and when required for interrogation.
(ii) the petitioner / 2nd Accused shall not tamper with evidence or witness either during investigation or trial.
(iii) the petitioner / 2nd Accused shall not abscond either during investigation or trial. (iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / 2nd Accused in accordance with law as if the conditions have been imposed and the petitioner / 2nd Accused released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not. sd/- 02/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, SANKARANKOVIL TALUK, TIRUNELVELI DISTRICT +1. CC to M/S R.SHANKAR GANESH Advocate SR.No.6480 akm/05.02.2016/ 2p-6c/NGM/SS/SAR-I
ORDER
IN CRL OP(MD) No.883 of 2016 Date :02/02/2016 https://hcservices.ecourts.gov.in/hcservices/