G.Vignesh 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 G.Vignesh ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Vilampatti Police Station, Dindigul District.

Cr.No.88/2022.

... Respondent/Complainant For Petitioner : Mr.S.Vikram, 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.88/2022 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) r/w 20(b)(ii)(b) and Section 25 of NDPS Act,1985 in Crime No.88 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 16.07.2022, the accused persons were found in illegal possession of 2.200kgs 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 A2. 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 two 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.3,000/- (Rupees Three Thousand only) to the credit of Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, 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 Principal Special District Sessions Judge, EC and NDPS Court, Madurai, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judge concerned and on further conditions that:

a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(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 Judge/ 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 Judge/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 PRINCIPAL SPECIAL DISTRICT SESSIONS JUDGE, EC AND NDPS COURT, MADURAI.

2 THE INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.

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

COPY TO THE OFFICER INCHARGE, ROJAVANAM, HOME FOR AGED AND POOR, ULAGANERI, MADURAI.

ORDER

IN CRL OP(MD) No.19070 of 2022 Date :27/10/2022 PNM PKP/GB/SAR-1/04.11.2022/3P/5C 3/3