Shanthi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Shanthi ... Petitioner/Accused No.2 Vs The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
Crime No.206 of 2024.
... Respondent/Complainant For Petitioner : Mr.SMA.Jinnah, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime no.206 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in 1/5
connection with a case in Crime No.206 of 2024, for the offence punishable under Sections 8(c) and 20(b)(ii)(A) of NDPS Act, 1985 and Section 77 of the Junvenile Justice (Care and Protection of Children) Act, 2018, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 09.05.2024, the first accused was found in possession of 140 grams ganja. Hence, the case. 3.Considering the antecedent of the petitioner, the earlier application filed by the petitioner in Crl.O.P(MD)No.7413 of 2024 was dismissed by this Court.
4. The learned counsel appearing for the petitioner submits that the quantity involved in this case is only 140 grams of ganja and in none of the previous cases, the petitioner has been convicted. In order to show her bonafide, the petitioner has also filed an affidavit of one Ganeshan s/o Sivasamy Thevar, who is the Leader of a community, stating that he will assure that the petitioner will not indulge in any offence in future. Hence, he prays for grant of anticipatory bail to the petitioner.
5. Considering the affidavit filed on behalf of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 2/5
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of her arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Presiding officer on condition that (i) the petitioner shall execute a bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs), with two sureties each for a like sum to the satisfaction of (*)the Judicial Magistrate No.2, Srivilliputhur.
(ii)One of the surety shall be the said Ganeshan, who has given the undertaking affidavit for the petitioner.
(iii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iv) The petitioner shall appear before the respondent police as and when required for interrogation. She has to co-operate for the investigation. 3/5
(v)The said Ganeshan shall appear before the respondent police and furnish the undertaking affidavit with an assurance that the petitioner will not indulge in any offence in future.
(vi) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. (vii) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 27/08/2024 (*)AMENDED AS PER ORDER OF THE COURT DATED 13/09/2024 in CRL MP(MD).9691 of 2024 in CRL OP(MD)No.13227 of 2024.
FURTHER TIME IS EXTENDED FOR A PERIOD OF ONE WEEK FROM THE DATE OF RECEIPT OF AMENDED COPY OF THIS ORDER.
/ TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR 4/5
TO TO BE SUBSTITUTED WITH THE ORDER DATED 27/08/2024 ALREADY DESPATCHED.
1 THE JUDICIAL MAGISTRATE NO.2, SRIVILLIPUTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE JUDGE, SPECIAL COURT FOR NDPS AND EC ACT, PUDUKOTTAI DISTRICT.
4 THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13227 of 2024 Date :27/08/2024 SS/JGB/SAR- /30/08/2024/5P/4C DSS SS/MMS/SAR- /04/10/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5