Karuppasamy v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Karuppasamy ... Petitioner/ Accused No.1 Vs State represented by The Sub-Inspector of Police, Maraneri Police Station, Virudhunagar District.
Crime No.100 of 2023.
... Respondent/Complainant For Petitioner : M/s.S.Maya Perumal ,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.100 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.1 herein, who was arrested on 13.07.2023 for the 1/4
alleged offence under Sections 77 of Juvenile Justice (Care and protection of Children) Act, 2015 and Section 8(c) read with Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substance Act, 1985, in Crime No.100 of 2023, on the file of the respondent police, seeks bail.
2. The case of the prosecution is the on 13.07.2023, the defacto complainant, who is the Panchayat President lodged a complaint stating that they have received an information about the selling of ganja to school and college students, therefore, they monitored the same and found that the accused persons were in possession of 40 grams of ganja and Rs.300/- each. Hence the defacto complainant caught them red handed and produced them before the respondent police.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. Since the co-accused has been released on bail, he seeks for the relief of bail.
4. The learned Additional Public Prosecutor would submit that the co-accused has been enlarged on bail by this Court in Crl.O.P(MD)No.13881 of 2023 dated 28.07.2023. The petitioner was involved in another case registered in Crime No.101 of 2023 before the respondent police for the offences under Section 147, 294, 323 of IPC and he was acquitted in that case. No other case is pending against the 2/4
petitioner in the similar nature of the present case.
5. Considering the period of incarceration and also considering the fact that the petitioner is not having any previous case in similar nature, this Court is inclined to grant relief to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 District and Sessions Judge, Virudhunagar District and Srivilliputhur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 02/08/2023 / TRUE COPY / 02/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AND SRIVILLIPUTHUR.
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THE SUB INSPECTOR OF POLICE MARANERI POLICE STATION, VIRUDHUNAGAR DISTRICT, THE OFFICER INCHARGE DISTRICT PRISON, VIRUDHUNAGAR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MS. MAYA PERUMAL.S Advocate SR.No.11663 (I)
ORDER
IN CRL OP(MD) No.14136 of 2023 Date :02/08/2023 PKP/ /SAR- /02.08.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4