Sathishkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI 1.Sathishkumar

2. Selvin @ Selvakumar ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Pew Karur Police Station, Karur District.

Crime No.597 of 2023.

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

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.597 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners / Accused 1 and 2 who were arrested and remanded to judicial custody on 23.04.2021 for the alleged offences punishable under Sections 8 (c) r/w 20 (b)(ii)(B) and 25 of NDPS Act, 1985 in Crime No.597 of 2023, seek bail. 2.The case of the prosecution is that the petitioners were found in illegal possession of 8 kgs of Ganja. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent raised objection stating that the petitioners are having two previous cases, which are also similar in nature. 1/3

5.Accordingly, the first petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) and the second petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Siddha Medical Officer CCRI PKM, Account No.10767823177, IFSC Code : SBIN0000898, MICR CODE : 625002601, Branch: SBI Periyakulam, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court.

6. On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.25,000/-, (Rupees Twenty Five Thousand only) each with two sureties (of which, one shall be a blood related surety) each for a like sum to the satisfaction of the learned Special Court of EC Act and NDPS Act Cases, Pudukottai, and on further conditions 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 petitioners shall report before the respondent police daily at 10.30 A.M., until further orders.

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

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

sd/- 17/05/2023 / TRUE COPY / 18/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, TA Madurai - 625 023. 2/3

TO

1. The Special Court of EC Act and NDPS Act Cases, Pudukkottai.

2. The Superintendent, District Jail, Trichy.

3. The Inspector of Police, Pew Karur Police Station, Karur District.

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

Copy to The Officer In-Charge, the District Siddha Medical Officer, CCRI, Periyakulam.

+1 CC to M/s.S.RAMESH KUMAR, Advocate ( SR-7448[I] dated 17/05/2023 ) ORDER IN CRL OP(MD) No.8620 of 2023 Date : 17/05/2023 NA/MMS/SAR- /18.05.2023/3P/7C 3/3