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Madras High CourtCRL OP(MD)/12688/2023granted

Vinothkumar v. The Inspector Of Police

2023-07-13Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD) No.12688 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.12688 of 2023 VINOTHKUMAR ... PETITIONER/ACCUSED NO.3 Vs State Rep.by THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT.

(CRIME NO.342/2023) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.PITCHAI MUTHU, Advocate For Respondent : MR.S.RAVI, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.342 OF 2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody, on 02/07/2023 for the offences punishable under sections 8 (c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.342 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on secrete information, the de-facto complainant and another police team went to the place of occurrence, on 02/07/2023 at about 08.00 am. At that time, they found a two wheeler bearing registration No.TN-45-CZ-6910 in a suspicious manner. On seeing the police party, all the three occupants of the two wheeler tried to escape. They were apprehended and on search, they were found in possession of ganja. Subsequent proceeding was undertaken as per procedure and rules. The above said contraband weighed about 1.100 kgs and the above said three persons were arrested on the spot and remanded to judicial custody. 3.Seeking bail, this petition has been filed by the petitioner on the ground that he is involved in no previous case and no recovery has been effected from the petitioner. Similar petition was moved before the Special Court in Crl.MP No.2886 of 2023 and that https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.12688 of 2023 was dismissed. Subsequent to that, this petition has been filed. 4.The learned Additional Public Prosecutor also confirmed that no previous case is pending against the petitioner. 5.Considering the fact that no previous case is pending against the petitioner and also considering the period of incarceration of the petitioner, this court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Additional District and Sessions Judge/Special Court for EC and NDPS Act cases, Pudukkottai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 13/07/2023 / TRUE COPY / 13/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ER TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE / SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI. 2 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

3 THE SUPERINTEDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.12688 of 2023 Date :13/07/2023 RS/VR/SAR-(13.07.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2