R.Vengatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.11494 of 2024 R.Vengatesan, ... Petitioner/Accused No.35 Vs The Inspector of Police, Samayanallur Police Station, Madurai District.

Crime No..71 of 2024.

... Respondent/Complainant For Petitioner : Mr. K.Dinesh, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.71 of 2024 on the file of the Respondent Police.

1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 147, 148, 149, 152, 294(b), 307 and 353 I.P.C and Section 25(1)(a), 7 of Arms Act, 1959 and Sections 20(b)(ii)(B), 8(c) of NDPS Act, 1985 and 3A(1)(a) of TN Open Place Act, 1959 and 3(1) of TN Public Property Act, 1992 in Crime No. 71 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 23.03.2024, based on a secret information, the respondent Police along with other police officials conducted a search at 12.30 a.m. and found nearly 30 persons assembled together in the night hours with small package of ganja in a plastic bag. On seeing the police officials, they tried to escape from the place of occurrence. However, the respondent Police apprehended A1 to A3. At that time, the petitioners and other accused persons abused the police officials in filthy language and also tried to assault them with deadly weapons. The accused persons have also set fire on the two-wheeler. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the earlier application filed by this petitioner was dismissed by this Court on 14.06.2024, considering the manner, in which, the offence has been committed. He further submits 2/5

that there is no bad antecedent as against this petitioner and based on the confession statement of the co-accused, the petitioner has been implicated in this case. In fact, the petitioner is studying B.Com (CA) in Wakq Board College, Madurai. 4.Considering the fact that the petitioner is a student and apart from the confession statement of the co-accused, there is no other materials as against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 5.

Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Principal Special Court for EC and NDPS Act Cases, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees One Lakh) with two sureties each for a like sum to the satisfaction of the learned Judge, Principal Special Court for EC and NDPS Act Cases, Madurai and on further conditions that: i.

ii. The petitioner shall appear before the respondent police as and when required.

iii.The petitioner shall file an affidavit of undertaking before the Superintendent of Police, Madurai that he will not indulge in any 3/5

offence in future.

iv. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

v. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 26/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO

1. THE JUDGE, PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

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

4/5

+1 CC to M/s.K.DINESH, Advocate ( SR-8868[I] dated 29/07/2024 )

ORDER

IN Date :26/07/2024 PSP/VR/SAR /07.08.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5