Madras High CourtCRL OP(MD)/8518/2015disposed of

Poongothai v. The Inspector Of Police

2015-04-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8518 of 2015 POONGOTHAI ... PETITIONER/ACCUSED NO.3 Vs STATE REP BY THE INSPECTOR OF POLICE CUMBUM SOUTH POLICE STATION, THENI DISTRICT CR.NO.107/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.BABU JAGANATH Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(C) r/w. 20(b)(B)(ii) of NDPS Act, in Crime No.107 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that A1 and A2 have purchased 2 kgs of ganja from A3.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, on the basis of the confession given by the coaccused. 4.It is submitted by the learned Government Advocate (Crl.side) vehemently oppose this application and the petitioner is having two previous cases.

5.However, considering the facts and circumstance of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special District Sessions Judge, NDPS Court, Madurai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m and 05.00 p.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 30/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL DISTRICT SESSIONS JUDGE, NDPS COURT, MADURAI 2 THE INSPECTOR OF POLICE CUMBUM SOUTH POLICE STATION, THENI DIST, 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.BABU JAGANATH Advocate SR.No.24156

ORDER

IN CRL OP(MD) No.8518 of 2015 Date :30/04/2015 NA/05/05/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/