Sivapriyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sivapriyan ... Petitioner/Accused No.5 Vs The Sub Inspector of Police, Thirumangalam Town Police Station, Madurai District Crime No. 177 of 2024.

... Respondent/Complainant For Petitioner : M/s. Selvakumar.S, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PRAYER :- For Anticipatory Bail in Crime No. 177 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police in connection with the case in Crime No.177 of 2024 for the offence under Section 8(C) r/w. Sections 20(b)(ii) (B), 25 and 29 (1) of NDPS Act, has filed this petition, seeking 1/4

anticipatory bail.

2. The case of the prosecution is that the accused were in possession of 1.800 Kgs of ganja.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor appearing for the respondent submits that there are six accused in this case, the petitioner is arrayed as A5. The investigation is yet to be completed.

5. Considering the facts and circumstances of the case and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and 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 2/4

concerned learned Judicial Magistrate / Judge, on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each, for a like sum to the satisfaction of the Principal Special Court for EC & NDPS Act Court, Madurai; (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; (iii) The petitioner shall appear before the respondent police daily at 10.30 am for a period of two weeks and thereafter shall appear as and when required by the respondent police. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 13/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 3/4

TO

1. The Principal Special Judge for EC & NDPS Act Court, Madurai;

2. The Sub Inspector of Police, Thirumangalam Town Police Station, Madurai District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7947 of 2024 Date :13/06/2024 RK/JGB(24/06/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4