Tamil@Tamilselvan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Tamil @ Tamilselvan ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, V.K Puram Police Station, Thirunelveli District, Crime No.216/2023.
... Respondent For Petitioner :
M/s.B.Micheal Sebastin, Advocate.
For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.216 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 353 I.P.C. and Sections 8(c) and 20(b)(ii)(A) of NDPS Act, in Crime No.216 of 2023 on the file of 1/4
the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 30.06.2023, the accused No.1 was found in unlawful possession of 150 grams of Ganja worth about Rs.3,000/- and while investigation, it was known that the accused No.1 purchased the Ganja from this petitioner. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that on the basis of the confessions made by the first accused, this petitioner is implicated. Investigation is still pending. The petitioner has no previous cases in similar in nature.
5. Considering the nature of offence, there is no previous cases against the petitioner of similar nature and considering the quantity, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Ambasamudiram, Tirunelveli District, on condition that the petitioner shall execute a 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 2/4
Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.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/- 17/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDIRAM, TIRUNELVELI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, V.K PURAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.MICHEAL SEBASTIN, Advocate ( SR-12528[I] dated 21/08/2023 ) 3/4
ORDER
IN CRL OP(MD) No.14528 of 2023 Date :17/08/2023 RS/VR/SAR-(07.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4