Sethupathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Sethupathi ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Annanagar Police Station, Madurai City Crime No.968/2021.

... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.E.Antony Sahaya Pranahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 968 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(C) r/w 20(b)(ii)(B) of NDPS Act 1985, in Crime No.968 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 22.06.2021, at about 17.00 hours, the respondent police found the accused in this case with two-wheeler near Vandiyur. On seeing the respondent police, two persons had escaped in the two-wheeler. The police party tried to nab them. But, they could nab only Logeswaran and others escaped. On enquiring Logeswaran, they found the name of escaped persons as Arunpandiyan and Sethupathi. The police informed the accused namely Logeswaran about his right to be searched in the presence of Judicial Magistrate or Gazetted Official. He expressed his willingness to be searched by the Police and a search was conducted. 1/3

He was found in illegal possession of 1 KG 500 gram of Ganja. Therefore, the case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Therefore, he seeks anticipatory bail. 4.The learned Government Advocate(Crl.Side) appearing for the respondent opposed this petition on the ground that the investigation is not completed. However, he submitted that the petitioner has no pervious case.

5.Taking into consideration the facts and circumstances of the case and also of the fact that the material witnesses in this case are the official witnesses and the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner 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 Principal Special Court for EC & NDPS Act Cases, Madurai, on condition that the petitioner 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a]the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b]the petitioner shall report before the respondent police, daily at 10.30 a.m., until further orders;

[c]the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d]the petitioner shall not abscond either during investigation or trial;

[e]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]; 2/3

[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI 2.THE INSPECTOR OF POLICE, ANNANAGAR POLICE STATION, MADURAI CITY 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9171 of 2021 Date :12/07/2021 SA/VR/SAR.3/14.07.2021/3P/4C 3/3