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Madras High CourtCRL OP(MD)/13032/2023granted

Inbamathi v. The Inspector Of Police

2023-07-18Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13032 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13032 of 2023 1.Inbamathi 2.Harish Kumar ... Petitioners/Accused Nos.3 and 4 VS The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.

Crime No.485 of 2023. ... Respondent/Complainant For petitioners : Mr.DURAIPANDIAN.K.S., Advocate For Respondent : Mr.S.RAVI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.485 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.3 and 4, who were arrested on 27.06.2023 for the alleged offence under Section 8(c) r/w. 20(b)(ii) (B) of NDPS Act, in Crime No.485 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioners were found in illegal possession of 1.100 Kgs of Ganja. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. The petitioners are in custody from 27.06.2023 and are college going students. Further he would submit that on the date of occurrence, both the petitioners were taken by the Thiruneelakudi Police Station, they have illegally detained and false case has been foisted against them Hence, prays to release them on bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that on the place of occurrence, the petitioners were found and these petitioners alleged to have escaped. Hence, prays to dismiss the petition. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13032 of 2023 5.Considering the antecedents of the petitioners, the second petitioner is studying B.Com(CA), the first petitioner just now completed his Engineering Degree, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 18/07/2023 / TRUE COPY / 18/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE ADDITIONAL DISTRICT JUDGE/PRESIDING OFFICER, SPECIAL COURT UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR, 2 THE OFFICER INCHARGE, SUB-JAIL, KUMBAKONAM.

3 THE INSPECTOR OF POLICE, NATCHIYARKOVIL POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.13032 of 2023 Date :18/07/2023 SA/VR/SAR. /18.07.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2