Sivakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sivakumar ... Petitioner / Accused No.1 Vs State represented by The Inspector of Police, Maraneri Police Station, Virudhunagar District.
(Crime No.97 of 2023.) ... Respondent / Complainant For Petitioner : M/s.Tamilarasan.C.N, 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.97 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 12.07.2023 for the alleged offence under Sections 8(c), 20(b)(ii)(A) of NDPS Act, 1985 and Section 77 of Juvenile Justice Act, 2015 in Crime No.97 of 2023, on the file of the respondent police, seeks bail.
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2.The case of the prosecution as per the defacto complainant's version is that his son by name Madhanavel was studying 10th standard and later dropped out. There was a behaviour change. On noticing the same, he made enquiry and he informed that he was supplied Ganja by Sivakumar, Surya, Maharajan, Thiruppathi and one Samuthiram. On the basis of the information furnished by his he lodged a complaint and a case was registered.
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.The learned Additional Public Prosecutor submitted that totally 50 grams of Ganja has been recovered. There is no previous case pending against him. A6 the co-accused in this case has been released on bail by this Court. 5.Considering the period of incarceration and the fact that co-accused/A6 in this case has been released on bail by this Court, this Court is inclined to grant bail to the petitioner with stringent conditions.
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 Judicial Magistrate No.I, Sivakasi and on further 2/4
condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 07/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO
1. The Judicial Magistrate No.I, Sivakasi.
2. Do-Through The Chief Judicial Magistrate, Viruthunagar District at Srivilliputhur.
3. The Officer Incharge, Sub Jail, Srivilliputhur.
4. The Inspector of Police, Maraneri Police Station, Virudhunagar District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to M/s.C.N.TAMILARASAN, Advocate, SR-11936(I), dated 08.08.2023.
ORDER
IN CRL OP(MD) No.14348 of 2023 Date :07/08/2023 ED/ /SAR- (07/08/2023) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/4
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