T.Karthikeyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN T.Karthikeyan ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, Alanganallur Police Station, Madurai District.
Crime No.198 of 2022.. ... Respondent/Complainant For Petitioner : Mr.C.Karthikeya, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.198 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c), 20(b)(ii)(B) and Section 25 of NDPS Act,1985 in Crime No.198 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 23.07.2022, the accused persons were found in illegal possession of 2kgs of ganja. Hence, the complaint.
3.On the side of the petitioner, it is stated that a false case has been foisted against the petitioner. This petitioner is arrayed as A5. He is noway connected with the offence. Hence, prays to release him on anticipatory bail.
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4.On the side of prosecution, it is stated that the petitioner is having four previous cases. In this case, investigation is not yet completed. Hence, prayed to dismiss the petition. 5.Considering the facts and circumstances of the case, nature of the offence and also considering the inbetween quantity of contraband, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Head Mistress, Annai Sathya Ammaiyar Memorial Government Home for Destitute Children, Dr.Thangaraj Colony, K.K.Nagar, Madurai-625 020 (CIF No.89263656176, IFSC No: SBIN0007922, A/c No.37487255860) Phone No.2529809, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court. 7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Vadipatti, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police daily at 10:30 am until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and; 2/3
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPYT TO THE HEADMISTRESS, ANNAI SATHYA AMMAIYAR MEMORIAL GOVERNMENT HOME FOR DESTITUTE CHINDREN, DR.THANGARAJ COLONY, K.K.NAGAR, MADURAI -625 020.
ORDER
IN CRL OP(MD) No.17115 of 2022 Date :27/10/2022 PNM PKP/SSS/SAR-4/04.11.2022/3P/6C 3/3