Vijay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 30.07.2024 PRESENT The Hon`ble MR.JUSTICE AA.NAKKIRAN Vijay ... Petitioner/Accused No.1 Vs The Inspector of Police, Thondi Police Station, Ramanathapuram (Crime No.135 of 2024) ... Respondent/Complainant For Petitioner : Mr.N.Jeyaram Sidharth, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticpatory Bail in Crime No.135 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) NDPS Act in Cr.No.135 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused persons were found in illegal possession of 1.550 kgs of ganja. Hence, the case. 1/5

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 Additional Public Prosecutor. for the respondent submits that the petitioner is having two previous case pending as against him. 5.Considering the facts and circumstances of this case and also considering the quantity involved in the present case, 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 Additional District and Sessions Judge/Presiding Officer Special Court for E.C and NDPS Act Cases, Pudukkottai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand) 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 2/5

conditions that:

(a)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; (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; 3/5

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

sd/- 30/07/2024 (*)AMENDED AS PER ORDER OF THIS COURT DATED 06.09.2024 IN CRL MP (MD)NO.9398 OF 2024 IN CRL OP(MD) NO.11914 OF 2024 TIME IS EXTENDED FOR A PERIOD OF ONE WEEK FROM THE DATE OF RECEIPT OF AMENDED COPY OF THIS

ORDER

/ TRUE COPY / /09/2024 Sub-Assistant Registrar (CS- I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO TO BE SUBSTITUTED WITH THE ORDER DATED 30.07.2024 ALREADY DESPATCHED 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER SPECIAL COURT FOR E.C AND NDPS ACT CASES, PUDUKKOTTAI 2 THE JUDICIAL MAGISTRATE, THIRUVADANAI. 3 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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4 THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.11914 of 2024 Date :30/07/2024 PSP/JGB/SAR /21.08.2024/ 5P/ 5C RK/SG (24.09.2024) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5