Jayaravi Varma v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Jayaravi Varma ... Petitioner/1st Accused Vs State represented by The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

(In Crime No.101/2024).

... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar,Advocate For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.101/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner /A1 who was arrested and remanded to judicial custody on 23.04.2024 for the offences under Sections 8(c), 20(b)(ii)(B) and 25 of NDPS Act in Crime No.101 of 2024 on the file of the respondent police seek bail.

2. The case of the prosecution is that the petitioner and other accused were found in illegal possession of 1.200kg of kanja. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 23.04.2024, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner was found in illegal possession of 1.200 kg of kanja, hence he objected to grant bail to the petitioner. Further, the petitioner is having three previous cases, among which, one case is registered under similar offence.

5. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 2/5

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 learned Additional District and Sessions Judge / Presiding Officer, Special Court for EC and NDPS Act cases, Pudukkottai and on further conditions that:

[b] 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.

[c] the petitioner shall stay at Kanyakumari District for a period of 30 days from the date of receipt of copy of this order.

[d] the petitioner shall report before the Kanyakumari Town Police Station daily at 10.30 A.M., for a period of thirty days and thereafter he shall report before the respondent Police as and when required for interrogation. [e] the petitioner shall not commit any offences of similar nature. [f] the petitioner shall not abscond either during investigation or trial. [g] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[h] On breach of any of the aforesaid conditions, the learned Judicial 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 3/5

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]. [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/05/2024 / TRUE COPY / 22/05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/ PRESIDING OFFICER, SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI.

THE INSPECTOR OF POLICE PUDUKKOTTAI TOWN POLICE STATION, PUDUKKOTTAI.

THE OFFICER INCHARGE DISTRICT PRISON, PUDUKKOTTAI.

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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE INSPECTOR OF POLICE, KANYAKUMARI TOWN POLICE STATION, KANYAKUMARI.

ORDER

IN CRL OP(MD) No.7364 of 2024 Date :22/05/2024 PKP/22.05.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5