M.Vignesh @ Vikki v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI M.Vignesh @ Vikki, ... Petitioner/Accused 4 Vs The Inspector of Police, PEW Ramanathapuram Police Station, Ramanathapuram District.
(Crime No.401/2023).
... Respondent/Complainant For Petitioner : Mr.M.JEGADEESH PANDIAN, 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.401/2023 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.401 of 2023 for the offence under Sections 8(c) r/w Sections 20(b) (ii) (C) and 25 of NDPS Act, and remanded him into judicial custody on 16.10.2023. Therefore, the petitioner has filed this petition seeking bail. 1/4
2. The case of the prosecution is that the petitioner and other accused were in illegal possession of 21 kgs of Ganja and they were recovered from them. Hence, the complaint.
3. The learned counsel for the petitioner submits that as on date, there is no material available as against the petitioner. Only based on the confession statement of the co-accused, the petitioner is implicated in this case. The petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 16.10.2023. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submits that in this case, the accused Nos.2 and 9 are still absconding and the investigation is yet to be completed.
5. Considering the facts and circumstances of the case, the period of incarceration and also considering the fact that apart from the confession statement of the co-accused, till now, the respondent police could not find any specific overt act against the petitioner, 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 i) on the petitioner executing a bond for a sum of Rs.25,000/- 2/4
(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Additional District Sessions Judge for E.C. & NDPS Act Cases, Pudukottai.
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 am 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/- 29/04/2024 / TRUE COPY / 29/04/2024 Sub-Assistant Registrar ( C.S. II ) Madurai Bench of Madras High Court, Madurai - 625 023.
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LR TO 1 THE ADDITIONAL DISTRICT SESSIONS JUDGE FOR EC AND NDPS ACT CASES, PUDUKOTTAI.
2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.
3 THE INSPECTOR OF POLICE, PEW RAMANATHAPURAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 cc to Mr.M.JEGADEESH PANDIAN Advocate, SR.No.5126 (I) DT.30/04/2024 ORDER IN CRL OP(MD) No.6150 of 2024 Date :29/04/2024 SA/SAR. /29.04.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4