Pon Perumal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Pon Perumal ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.
Crime No.262/2022.
... Respondent/Complainant For Petitioner : M/s.Muthumalai Raja S, Advocate.
For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.262/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 23.09.2022 for the offences punishable under Section 328 of IPC and Section 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.262 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was found in illegal possession of 250gms of ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 23.09.2022 and hence, he may be granted bail.
4.The learned Government Advocate (crl.side) appearing for the respondent police would submit that the petitioner is having one 1/3
previous case of similar in nature and the investigation in this case is not yet completed. Hence, he strongly opposed for grant of anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and considering the period of incarceration and also the fact that the quantity of ganja involved in this case is small quantity, this Court is inclined to grant bail to the petitioner on certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is 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, Radhapuram, Tirunelveli District. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(ii) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. sd/- 28/10/2022 / TRUE COPY / 28/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
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4 THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.MUTHUMALAI RAJA, Advocate ( SR-12023[I] dated 28/10/2022 )
ORDER
IN CRL OP(MD) No.19106 of 2022 Date :28/10/2022 CP RS/VR/SAR.(28.10.2022) 3P-7C 3/3