Balaganapathy 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 Balaganapathy, ... Petitioner/Accused 1 Vs The State rep.by The Inspector of Police, Thanjavur Town West Police Station, Thanjavur District.

Crime No.550 of 2023.

... Respondent/Complainant For Petitioner : M/s.Karunakaran.K.M., 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.550 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 02.05.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.550 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.150 kgs of Ganja. Hence, the case.

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

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

5.At this juncture, the learned counsel for the petitioner would submit that the petitioner is going to perform marriage and the marriage is scheduled to be held on 07.06.2023 and he has also enclosed a copy of the marriage invitation in this petition. 6.Taking into consideration the facts and submissions made by the learned counsels, 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 execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties (of which, one shall be a blood related surety) each for a like sum to the satisfaction of the learned Additional District Judge Presiding Officer, Special Court for under Essential Commodities Act, Thanjavur, 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] after coming out from prison, within in two days, the petitioner shall file an affidavit before the learned Magistrate that his marriage is fixed on 07.06.2023 and also produce the copy of the marriage invitation;

[c] the petitioner shall report before the respondent police daily at 10.30 A.M., until further orders.

[d] the petitioner shall not commit any offences of similar nature.

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

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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 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].

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

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

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SJI TO 1 THE ADDITIONAL DISTRICT JUDGE PRESIDING OFFICER, SPECIAL COURT FOR UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.

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

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

+1. CC to M/S.KARUNAKARAN.K.M. Advocate SR.No.7410

ORDER

IN CRL OP(MD) No.8775 of 2023 Date :17/05/2023 SA/VR/SAR. /17.05.2023/3P/6C 3/3