V.Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI V.Raja ... Petitioner/Accused (A-2) Vs The State Rep. By, The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.
(Crime No.312/2022).
... Respondent/Complainant For Petitioner : M/s.Joseph Zinoson J, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.312/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/second accused, who was arrested and remanded judicial custody on 22.04.2022 for the offences punishable under Sections 8(c), 20(b)(ii)(A), 29(1) of NDPS Act Section 77 of Juvenile Justice (Care and Protection of Children), Act in Crime No.312 of 2022, on the file of the respondent police, seeks bail. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
3.The petitioner along with other accused were found in possession of 50 grams of ganja. Hence, this complaint. 4.The learned counsel appearing for the petitioner submits that the petitioner is no way connected to the alleged offence and he is in judicial custody from 22.04.2022 onwards. He would further submit that co-accused has already been released on bail and hence, he prays for grant of bail.
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5.The learned Additional Public Prosecutor submits that the petitioner is having 8 previous case, out of which 3 cases are similar in nature and investigation has been almost completed and he opposed for grant of bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail on condition that the petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) to the Advocate Clerks Association, Tuticorin, and on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar cards or Bank Pass Books to ensure their identity;
(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. sd/- 18/05/2022 / TRUE COPY / 18/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI, THOOTHUKUDI DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
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4. THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO :
THE OFFICER-INCHARGE, ADVOCATE CLERKS ASSOCIATION, TUTICORIN DISTRICT.
+1 CC to M/s.J.JOSEPH ZINOSON, Advocate ( SR-4692[I] dated 18/05/2022 )
ORDER
IN CRL OP(MD) No.9191 of 2022 Date :18/05/2022 CM USK/SVR/SAR-II/18.05.2022/3P/8C 3/3