Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Murugan ... Petitioner/Accused 9 Vs State rep.by The Inspector of Police, Dhadikombu Police Station, Dindigul District.

In Crime No.224 of 2022 ... Respondent/Complainant For Petitioner : Mr.R.VENKATESWARAN, Advocate For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.224 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A9, who was arrested and remanded to judicial custody on 06.04.2023 for the offence under section 8(c), 20(b)(ii)(c), 25 of NDPS Act in Crime No.224 of 2022 on the file of the respondent police seeks bail.

2.The case of the prosecution is that on 28.07.2022, based on the secret information, the respondent police went to Dindigul, Chettinayakanpatti EB colony, near graveyard. At that time, they found that the accused persons were found in illegal possession of 34 kgs of ganja. Hence the case.

3.Heard both sides and perused the materials available on record including the First Information Report. 4.It is seen that there are totally 20 accused persons in this case, in which, the petitioner is arrayed as A9. Based on the confession statement recorded from the co-accused, the petitioner herein is implicated. Except phone call details, there are no other material to connect the petitioner along with other accused persons. 1/3

That apart, the petitioner is not having any other similar previous cases.

5.Taking into consideration of the above facts and circumstances and also 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 execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties each for a like sum to the satisfaction of the learned Principal Special Court (for EC and NDPS Act Cases), Madurai 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 report before the trial Court on all working days morning at 10.30 A.M., and evening at 05.00 P.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/- 16/06/2023 / TRUE COPY / 16/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS TO 1 THE PRINCIPAL SPECIAL JUDGE (FOR EC AND NDPS ACT CASES), MADURAI.

2 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

3 THE INSPECTOR OF POLICE, DHADIKOMBU POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.VENKATESWARAN R Advocate SR.No.8982 (I) Dt.16/06/2023

ORDER

IN CRL OP(MD) No.9079 of 2023 Date :16/06/2023 SA/VR/SAR. /16.06.2023/3P/6C 3/3