Praveenkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Praveenkumar, ... Petitioner/Accused No.3 Vs The Inspector of Police, Dindigul Town North Police Station, Dindigul District.

Crime No. 579 of 2024.

... Respondent/Complainant For Petitioner : Mr.D.Arunkumar.

Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.579/2024 on the file of the respondent police.

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) r/w 20 (b) (ii) (B) and 1/6

29(1) of NDPS Act, 1985, in Crime No.579 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Inspector of Police, Dindigul Town North Police Station, who was on raid has arrested A1 and A2 and recovered 12 kgs of ganja from them and registered a case in Crime No.579 of 2024. Based on the confession statement of A1 and A2, the petitioner was added as A3 in the above case.

3.The learned counsel appearing for the petitioner submits that the earlier application filed by this petitioner was dismissed by this Court on 26.06.2024, on the objections of the respondent police that his petitioner had frequent contact with A2 for 151 times and 3 times with A1. Since the petitioner is having nexus with the other two accused, this Court has dismissed the earlier application filed by him. This second application is filed with certain documents that this petitioner is a college student, studying in Government Polytechnic College, Madurai and he is a Hockey team player and captain of the Hockey team in that College. The learned counsel further submits that this petitioner has not involved in any offence and he was implicated, based on the confession statement of A1 and A2 and A1 and A2 2/6

were also released on bail. He further submits that the petitioner has met with an accident on 11.04.2024, he sustained a fracture and he is under treatment. Therefore, the possibility of involvement of this petitioner in the commission of offence is doubtful.

4.Considering this submission of the learned counsel for the petitioner that this petitioner is a student, studying at Government Polytechnic College, this Court directed the respondent police to ascertain the same. 5.The learned Government Advocate (Crl.side) appearing for the respondent police confirms that he is a student of Government Polytechnic College and he is the captain of Hockey team in that College. He further submits that the petitioner is not a regular student and there is no bad antecedents as against him. 6.This Court considered the submissions made on either side and perused the materials placed on record.

7.Considering the fact that the quantity of contraband involved in this case is 12 kgs of ganja, which is not a commercial quantity and considering that the 3/6

petitioner is a college student and the captain of a Hockey team in his College and also considering that no previous case is pending as against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 8.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 Sessions Judge for NDPS Act Cases, Madurai, on condition that the petitioner shall execute 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 learned Principal Sessions Judge for NDPS Act Cases, Madurai and on further conditions that:

i. The 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;

ii. The petitioner shall appear before the respondent police daily at 10.30 a.m, until further orders.

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iii. The parents of the petitioner shall file an affidavit of undertaking before the respondent police that they will ensure that the petitioner will not indulge in any offence and he will not contact A1 and A2 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/- 28/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO THE PRINCIPAL SESSIONS JUDGE FOR NDPS ACT CASES, MADURAI.

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THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.ARUNKUMAR, Advocate ( SR-10511[I] dated 28/08/2024 )

ORDER

IN CRL OP(MD) No.11988 of 2024 Date :28/08/2024 SS/VR/SAR- /04/09/2024/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6