Kalidass v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17324 of 2023 Kalidass ... Petitioner/Accused No.2 Vs The State rep. by The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

Crime No.220 of 2023.

... Respondent/Complainant For Petitioner : M/s.Haroon Rasheed D.S., 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.220 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 31.08.2023 for the alleged 1/3

offence under Sections 8(C), 20(b)(ii)(A) of NDPS Act and Section 77 of Juvenile Justice (Care and protection of Children) Act, 2015, in Crime No.220 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 31.08.2023 at about 9.10 a.m., the respondent police were on picketing duty at the place of occurrence. At that time the petitioner and other accused persons were standing near the school play ground in suspicious manner. On seeing them they tried to escape from the place. The respondent police secured them and found both the accused in possession of 45 grams of ganja to be sold in the public. Hence the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. 4.The learned Additional Public Prosecutor submitted that the petitioner is having two previous cases in Crime No.893 of 2023 and Crime No.85 of 2023. 5.Considering the facts and circumstances of this case, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

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 Special Court for Trial of NDPS Act cases, Pudukottai, and on further 2/3

condition that shall report before the respondent police daily at 10.30 a.m. until further orders. The petitioner is directed to file an undertaking affidavit before the concerned Court that he will not indulge in such offences in future. sd/- 27/09/2023 / TRUE COPY / 27/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1.The Judge, Special Court for Trial of NDPS Act cases, Pudukottai,

2. The Officer Incharge, Sub Jail, Srivilliputhur. 3.The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.17324 of 2023 Date :27/09/2023 SSA/27.09.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3