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Madras High CourtCRL OP(MD)/13479/2022granted

Mayakannan v. The Inspector Of Police

2022-08-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13479 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13479 of 2022 Mayakannan ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No. 264 of 2022).

... Respondent/Complainant For Petitioner : M/s.THIRUMAL.V, Advocate.

For Respondent : Mr.P.KOTTAI CHAMY Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.264 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 10.07.2022 for the alleged offence under Sections 8(c), 20(b)(ii) (A) of Narcotic Drugs and Psychotropic Substances Act, 1985 r/w. Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.264 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on secret information the respondent police conducted the patrol duty on 10.07.2022 at about 8.30 a.m., and they suspected the petitioner and A1. During the search they were found in possession of 150 grams of Kanja. When they were enquired by the respondent police, the accused persons informed that they are going to sell the Kanja to the school going students. Based upon the confession statement of A1, the petitioner herein was arrested and remanded to judicial custody. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13479 of 2022 the petitioner is working in reputed Company called Jersey Engineering Solutions Private Ltd., Nanugneri and he has not involved in the said offence.

4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner herein is trying to sell the Kanja to the school going students and the A1 is having some bad antecedents. But the petitioner is not involved in any other illegal activities.

5.Considering the period of incarceration and the fact that the petitioner is not having any previous case in similar nature, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 08/08/2022 / TRUE COPY / 08/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. THIRUMAL.V Advocate SR.No.8281 ORDER IN CRL OP(MD) No.13479 of 2022 Date :08/08/2022 TRP SA/PN/SAR.2/08.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2