Stalin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.07.2024 PRESENT The Hon`ble MR.JUSTICE AA.NAKKIRAN Stalin ... Petitioner Accused 2 Vs.

The Inspector of Police, Elumalai Police Station, Madurai District.

Crime No.130 of 2024 ... Respondent / Complainant For Petitioner : Mr.S.Balaji, Advocate For Respondent : Mr.T.Senthi Kumar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.130 of 2024 on the file of the Respondent Police. 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 Sections 8(c), 20(b)(ii)(B), 29(1) NDPS Act, 1985 in Cr.No.130 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused was found in illegal possession 1/4

of 1.1 kg of ganja. Hence, the case.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.side) for the respondent submits that the petitioner is not having any previous case pending as against him. 5.Considering the quantity involved in the present case and also considering that the petitioner is not having any previous case pending as against him, this Court is inclined to grant anticipatory bail to the petitioner. 6.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 Narcotic Drugs and Psychotropic Substance Act Cases, Madurai District on condition that the petitioner shall execute a bond for a sum of Rs.

card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 am., until further orders;

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

(d)the petitioner shall not abscond either during investigation or trial; (e)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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 30/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 3/4

TO

1. THE PRINCIPAL SPECIAL COURT FOR NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT CASES, MADURAI DISTRICT 2 THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.S.BALAJI, Advocate ( SR-9014[I] dated 31/07/2024 )

ORDER

IN CRL OP(MD) No.11298 of 2024 Date :30/07/2024 PSP/VR/SAR /14.08.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4