Madras High CourtCRL OP(MD)/16380/2023granted

Ruban Sakaravarthi v. The Inspector Of Police

2023-09-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ruban Sakaravarthi ... Petitioner/ Sole Accused Vs State represented by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

Crime No.243 of 2023 ... Respondent/Complainant For Petitioner : M/s.R.Rajamohan, 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.243 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused herein, who was arrested on 09.07.2023 for the alleged offences under Sections 77 of JJ Act and 8(c) and 20(b)(ii)(A) of NDPS Act, in 1/4

Crime No.243 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.07.2023, at about 8.00 a.m., the defacto complainant, out of suspicion, enquired his son and came to know that the petitioner has sold Ganja to his son in the previous night. Hence the present case came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, he seeks for the relief of bail.

4. The learned Additional Public Prosecutor would submit that the petitioner has involved in previous cases but not in the similar nature.

5. Considering the facts and circumstances of this case and also considering the period of incarceration and the fact that the previous cases were already disposed of, this Court is inclined to grant relief to the petitioner. 2/4

6. Accordingly, this Criminal Original Petition is allowed and the petitioner ordered to be released on bail, on executing 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 Judicial Magistrate No.II, Sivakasi, and the petitioner shall file an undertaking affidavit before the trial Court that he will not indulge in any kind of offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 11/09/2023 / TRUE COPY / 11/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1.THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4.THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. CRIME NO.243 OF 2023 3/4

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-13447[I] dated 11/09/2023 )

ORDER

IN CRL OP(MD) No.16380 of 2023 Date :11/09/2023 RK (11/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4