Maruthupandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Maruthupandian,

2. Annakodi, ... Petitioners/Accused Nos.1&2 Vs The Inspector of Police, Aundipatti Police Station, Theni District, Crime No.310/2024.

... Respondent/Complainant For Petitioners : M/s. Prabu.M, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Bail in Crime No.310/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 1/4

23.07.2024 for the offences punishable under Sections 8(c) and 20(b)(ii)(A) and 29(1) of NDPS Act and Section 77 of Juvenile Justice Act, 2015, in Crime No.310 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners and the other accused were found in possession of 60 grams of Ganja. Hence, the complaint. 3.Heard both sides.

4.Considering the quantity of contraband recovered from the petitioners and also considering the facts that there are no bad antecedent as against the petitioners and they are treated as the first offender, this Court is inclined to enlarge the petitioner on bail.

5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a 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 Judicial Magistrate, Aundipatti.

(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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; 2/4

(iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/08/2024 / TRUE COPY / 19 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE AUNDIPATTI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3/4

3 THE SUPERINTENDENT, DISTRICT JAIL, THEKKAMPATTI, THENI DISTRICT.. 4 THE INSPECTOR OF POLICE AUNDIPATTI POLICE STATION, THENI DISTRICT,

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

ORDER

IN CRL OP(MD) No.13534 of 2024 Date :19/08/2024 PSP/ /SAR /19.08.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4