Madras High CourtCRL OP(MD)/15320/2022ordered

Subashrajan v. The Inspector Of Police

2022-09-02Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.15320 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15320 of 2022 Subashrajan ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.281/2022) ... Respondent/Complainant For Petitioner : Mr.G.Chandrasekar, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :-For Bail in Crime No.281/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested on 25.07.2022 for the alleged offence under Sections 8(c) r/w. 20(b)(ii)(B) and Section 25 of the NARCOTIC DRUGS and Psychotropic SUBSTANCES ACT, 1985 in Crime No.281 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioners is alleged to have found in possession of contraband in 10 grams pocket in 10 number. Hence, the complaint.

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

4. Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

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CRL OP(MD). No.15320 of 2022

5. As per the order passed by this Court, dated 29.08.2022 the Investigating Officer is present before this Court and on verification submitted that the petitioner is studying 2nd year B.B.A., in St. Xavier's Colelge, Palayamkottai and his conduct is good and he has also produced a copy of the conduct certificate received from the college.

6.Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions. 7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Principal Special Court for trial Narcotic Drugs and Psychotropic Substances Act Cases, Madurai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

8. After releasing on bail, the petitioner must file an undertaking affidavit stating that he will not indulge this kind of offence in future before the concerned Magistrate Court and send another copy to the concerned Police Station. 9.If any violation is noticed after filing undertaking affidavit, bail granted by this Court, shall stand automatically cancelled without reference to this Court.

sd/- 02/09/2022 / TRUE COPY / 02/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR TRIAL NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE MANUR POLICE STATION, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUNELVELI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.CHANDRASEKAR, Advocate ( SR-9489[I] dated 02/09/2022 ) ORDER IN CRL OP(MD) No.15320 of 2022 Date :02/09/2022 MK/SVR/SAR.I/02.09.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2