Madras High CourtCRL OP(MD)/15151/2022ordered

Inbaraj v. The Inspector Of Police

2022-09-06Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Inbaraj ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

(CrimeNo.199/2022).

... Respondent/Complainant For Petitioner : Mr.S.Arjun, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.199/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 08.08.2022, in Crime No.199 of 2022, on the file of the respondent police, seek bail.

2.The allegation against the petitioner is that the petitioner was found in possession of 5 pockets of ganja, each containing 10 grams (Totally 50 grams of Ganja), with an intention to sell the same to school students. A case in Crime No.199 of 2022, under Section 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, was registered against the petitioner. 3.On the side of the petitioner, it is stated that a false case was foisted against the petitioner and the petitioner is in judicial custody for the past 30 days and prayed the petitioner to be released on bail.

4.On the side of the prosecution, it is stated that the petitioner was having three previous cases, which is not similar in nature and the same were disposed of.

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5.It is seen that the petitioner has filed a bail petition before the Principal District Court, Tirunelveli, in Cr.M.P.No.7559 of 2022 and the same was dismissed on 12.08.2022. Considering the period of incarceration and considering the quantity of the contraband, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.199 of 2022 before the learned Judicial Magistrate, Radhapuram, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court. 7.On such deposit being made, the petitioner is ordered to be released on bail, on his executing a bond for a sum of 10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram, and on further conditions that:

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; (v)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]. (vi)If the accused / petitioner thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 06/09/2022 / TRUE COPY / 06/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15151 of 2022 Date :06/09/2022 LS RS/VR/SAR.4 (06.09.2022) 3P-6C 3/3