Thadakai Nachiyar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Thadakai Nachiyar, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, M.Reddiyapatti Police Station, Virudhunagar District, Crime No.66/2023.

... Respondent/Complainant For Petitioner : M/s.Ananth Kumar.M, 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.66/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 17.06.2023 for the alleged offence under Sections 8(c), 20(b)(ii)(A) of Narcotic Drugs & Psychotropic 1/4

Substances Act, 1985 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.66 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused possessed with 120 grams of Ganja. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that the quantity is non commercial quantity. But, the petitioner is having three previous cases under NDPS Act and one case under Prohibition Act. This is the second bail application filed by the petitioner. Earlier application filed by him was dismissed by this Court on 27.07.2023. Hence, he opposed the grant of bail. 5.Considering the period of incarceration and quantity involved, this Court is inclined to grant bail to the petitioner with stringent conditions. 2/4

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, Aruppukottai,and on further condition that the petitioner shall file an undertaking affidavit before the trial Court that they will not indulge in any such offence in future and the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court. sd/- 13/09/2023 / TRUE COPY / 13/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

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THE OFFICER INCHARGE DISTRICT PRISON, VIRUDHUNAGAR.

THE INSPECTOR OF POLICE M.REDDIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.ANANTHKUMAR, Advocate ( SR-13622[I] dated 13/09/2023 )

ORDER

IN CRL OP(MD) No.15604 of 2023 Date :13/09/2023 PKP/SAR- /13.09.2023/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4