Balu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14083 of 2018 BALU ... PETITIONER/ACCUSED No.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE(L&O), D1 TALLAKULAM POLICE STATION, MADURAI CITY CR NO.1095 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.RAMU, Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) read with 20(b) (ii) (B) of NDPS Act, in crime No.1095 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 08.06.2018 at about 09.00 a.m., the respondent police conducted a raid along with the police party. They intercepted the first accused and on search, they found in possession of 10 kgs of kanja. The respondent arrested the first accused and registered a case in crime No.1095 of 2018 for the offence stated above. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that on the confession of the first accused, the second accused/petitioner herein has been implicated as second accused and he has no way connected with the alleged crime. He has been falsely implicated and prayed for anticipatory bail.

4.The learned Additional Public Prosecutor would submit that the investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.It is seen from the records that the first accused was arrested on 08.06.2018 and he was released on bail by the Principal

Special Court for EC & NDPS Act Cases, Madurai in Crl.M.P.No.2229 of 2018 on 16.07.2018. Admittedly, on the confession statement given by the first accused before the respondent police only, the petitioner is arraigned as A2 and there is no other material to show that A2 involved in this crime.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Principal Special Judge for E.C. And NDPS Act Cases, Madurai, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judge concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 7.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/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE FOR E.C. AND NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE (L&O), D1 TALLAKULAM POLICE STATION, MADURAI CITY 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.M.RAMU, Advocate SR.No.15667

ORDER

IN CRL OP(MD) No.14083 of 2018 Date :14/08/2018 PK/VR/SAR-4/21.08.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/