Anwar Ali @ Anwar Hussain v. The Inspector Of Police

CRL OP(MD). No.21003 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon'ble Mrs.Justice ANANTHI CRL OP(MD). No.21003 of 2021 Anwar Ali @ Anwar Hussain ... Petitioner/A1 Vs State Represented By, The Inspector of Police, Karimedu Police Station, Madurai City.

(Crime No.711/2021).

... Respondent/Complainant For Petitioner : Mr.S.Muthukumar 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.711/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c), 20(b)(ii)(B) and 83(2)jj of NDPS Act in Crime No.711 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that upon noticing the police party, the first accused left the contraband in a bag and escaped from the scene. Hence, this complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor for the respondent police submitted that the first accused left a bag containing contraband and fled away from the place of occurrence and A2 and A3 have already been arrested and released on bail. https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.21003 of 2021 5.Considering the fact that the contraband was not recovered from the first accused and A2 and A3 have already been arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the 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 said Court and the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Judge, NDPS Court, Madurai

2. The Inspector of Police, Karimedu Police Station, Madurai City

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.21003 of 2021 Date :29/12/2021 RS/JC/SAR.2 (03.01.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/