Rathinammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date :18.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Rathinammal 2.Palanisamy 3.Murugeshwari ... Petitioners/Accused No.1 to 3 Vs The Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.90 of 2024) ... Respondent/Complainant For Petitioners :

Mr.M.Murugesan, 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.90 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.90 of 2024 for the offence under Sections 8(c), 20(b)(ii)(A) NDPS Act and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and remanded them into judicial custody on 25.05.2024. Therefore, the petitioners have filed this 1/4

petition seeking bail.

2.The case of the prosecution is that the petitioners were found in illegal possession of 45 grams of ganja. Hence, the case. 3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in jail from 25.05.2024. 4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the first petitioner is having 12 previous cases to her credit and the second petitioner is having five previous cases to her credit. However, he fairly submits that there is no previous case pending as against the third petitioner.

5.Considering the nature of offence and also considering the antecedents of the first and second petitioners, this Court is not inclined to grant bail to the first and second petitioners. Accordingly, this criminal original petition is dismissed as against them.

6.Considering the period of incarceration of the third petitioner and also considering that there is no previous case pending against her, this Court is inclined to grant bail to the third petitioner with certain conditions. 2/4

7.Accordingly, this Criminal Original Petition is partly-allowed and the third petitioner is ordered to be released on bail, i) on the third petitioner executing 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 Judicial Magistrate Court, Andipatti, Theni District; ii) The third 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 third petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. She has to co-operate for the investigation; iv) The third petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. She shall be available for the trial as well.

v) On violation of any of the above conditions by the third petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 18/06/2024 / TRUE COPY / 18/06/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, GANDAMANUR POLICE STATION, THENI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, THENI, THENI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8823 of 2024 Date :18/06/2024 RS//SAR-(18.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4