K.Manoj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.14253 of 2022 K.Manoj ... Petitioner/2nd Accused Vs State rep.by The Inspector of Police, Gudalur Police Station, Theni District.

(Crime No.199 of 2022).

... Respondent/Complainant For Petitioner : M/s.Balasubramanian S, Advocate. For Respondent : Mr.E.Antony Sahaya Prabhar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.199 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 8(c) r/w. 20(b) (ii) (c) and 29(1) of NDPS Act, in Cr.No.199 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused have found in possession of 1 Kg 100gms Ganja illegally. Hence, the complaint.

3. The learned counsel for the petitioner would submit that based on the confession of co-accused only the petitioner herein is arrayed as accused. He would further submit that the co-accused has already released on bail and he is innocent and his name has been falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) would submit that the petitioner and other accused have illegally found in possession of Ganja worth about Rs.20,000/- and he is having one previous cse in similar nature and the investigation of the case is pending. 5.Considering the facts and circumstances of the case and also considering the fact that co-accused has already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Special Court EC and NDPS Act cases, Madurai on condition that the petitioner shall execute a 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) the petitioner is directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Madurai Bench of Madras High Court Advocate Clerk's Welfare Association, Madurai - 625023 (Account No:-496039124, IFSC Code:-IDIB000H040), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

(b) the petitioner and 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 respondent police daily at 10.30 am until further orders.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 22/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE SPECIAL JUDGE, EC AND NDPS ACT CASES, MADURAI.

2. THE INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, MADURAI BENCH OF MADRAS HIGH COURT ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI.

ORDER

IN CRL OP(MD) No.14253 of 2022 Date :22/09/2022 SP/VR/SAR II/29/09/2022/3P/5C