Arokiya Mary v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16170 of 2018 1 AROKIYA MARY 2 MERLIN MARY ... PETITIONERS / ACCUSED NO.3 & 4 Vs STATE REP. BY THE INSPECTOR OF POLICE, GANDHI MARKET POLICE STATION, TRICHY DISTRICT.

(CR NO.554 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.A.S.PRABHU Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) NDPS Act, 1985, in Crime No.554 of 2018, seek anticipatory bail.

2.The case of the prosecution is that while the respondent police was on the routine check up, they found that the first accused in this case was in possession of 1 kg and 250 gms of ganja and a sum of Rs.23,080/-. The same were seized. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. Based on the confession statement of first accused, these petitioners have been implicated. Accused No.1 and 2 were arrested and remanded to judicial custody. Hence, he prays for anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that totally there are four accused in this case. The petitioners are arraigned as Accused Nos. 3 & 4. The said https://hcservices.ecourts.gov.in/hcservices/

contraband was recovered. Based on the confession statement of Accused No.1, these petitioners have been implicated. There is no previous case pending against the petitioner. 6.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Court for E.C. and NDPS Act Cases, Pudukkottai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Special Judge concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Special Judge within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT FOR E.C. AND NDPS ACT CASES, PUDUKKOTTAI.

2 THE INSPECTOR OF POLICE, GANDHI MARKET POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.K.A.S.PRABHU Advocate SR.No.17247

ORDER

IN CRL OP(MD) No.16170 of 2018 Date :10/09/2018 JM/VR MMS/SAR 1/17.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/