Madras High CourtCRL OP(MD)/9577/2021ordered

Premkumar v. The Inspector Of Police

2021-07-20Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Premkumar ... Petitioner/A1 Vs The State rep.by The Inspector of Police, Marthandam Police Station, Kaniyakumari District.

Crime No.459/2021. ... Respondent For Petitioner : Mr.A.Subash, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime.No.459 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 13.06.2021 for the offences punishable under Sections 8(C) and 20(b)(ii)(B) of NDPS Act in Crime No.459 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.06.2021 at about 7.00 pm.,near Kurivilaikadu Panchayat water tank the police found the petitioner in possession of 1.500kgs of ganja. The respondent police introduced themselves to the accused and informed them about the right to be searched in the presence of the Judicial Magistrate or Gazetted Officer. The accused expressed his willingness to be searched by the police party themselves. The police found the petitioner was in possession of 1.500kgs of ganja, therefore the case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this 1/3

case. He would further submit that the petitioner is in judicial custody from 13.06.2021, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed the bail petition on the ground that the investigation is not yet completed. He would further submit that no previous case of similar nature is pending against the petitioner.

5. Taking note of the fact and circumstances of the case and also the fact that the contraband possessed by the petitioner is the intermediate quantity and the fact that the petitioner is in judicial custody from 13.06.2021 and the fact that no previous case of similar nature is pending against the petitioner, this Court is inclined to grant bail to the petitioner

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Kuzhithurai, Kaniyakumari District and on further condition that: [a] 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 am., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 JUDICIAL MAGISTRATE, KUZHITHURAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

3.THE OFFICER -IN-CHARGE SUB JAIL, NAGERCOIL.

4.THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANIYAKUMARI DISTRICT.

ORDER

IN CRL OP(MD) No.9577 of 2021 Date :20/07/2021 SA/VR/SAR.2/20.07.2021/3P/5C 3/3