Vijayaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vijayaraj, ... Petitioner/Accused No.3 Vs The Inspector of Police, Thanjavur Town West Police Station, Thanjavur District.

Crime No.393 of 2024..

... Respondent/Complainant For Petitioner : K. M.Karunakaran,Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER :- For Bail in Crime No.393 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.393 of 2024 for the offence under Section 8(c) r/w. Section 20(b)(ii)(B) of NDPS Act and remanded him into judicial custody on 12.05.2024. Therefore, the petitioner has filed 1/4

this petition seeking bail.

2. The case of the prosecution is that the accused persons were in possession of 1.100 Kgs of Ganja.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, the petitioner is languishing in jail from 12.05.2024. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that the investigation is yet to be completed and the petitioner is having four previous cases, which are all I.P.C offences.

5. Considering the facts and circumstances of the case and considering the quantity of the contraband and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District Judge, Presiding Officer, Special Court for under Essential Commodities Act, Thanjavur.

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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 twice ie. Morning at 10.30 a.m. and Evening at 05.30 p.m., until further orders. He has to cooperate 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. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 11/06/2024 / TRUE COPY / 11/06/2024 Sub-Assistant Registrar (AD-II.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE ADDITIONAL DISTRICT JUDGE PRESIDING OFFICER, SPECIAL COURT FOR UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.

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THE INSPECTOR OF POLICE THANJAVUR TOWN WEST POLICE STATION, THANJAVUR DISTRICT.

THE SUPERINTENDENT CENTRAL PRISON, TRICHY DISTRICT.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-6351[I] dated 11/06/2024 )

ORDER

IN CRL OP(MD) No.8398 of 2024 Date :11/06/2024 PKP/11.06.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4