Madras High CourtCRL OP(MD)/4487/2017disposed of

Maragathavel, v. The Inspector Of Police,

2017-04-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4487 of 2017 1 MARAGATHAVEL, 2 KALEESWARI, 3 KOMBAN @ MADASAMY, ... PETITIONERS / ACCUSED NO:2,3 & 4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

(IN CRIME NO.543 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.KARUNANIDHI Advocate For Respondent : M/S.S.PRABHA, Government Advocate(Criminal Side), Govt.

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.2, 3 and 4 in Crime No.543 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(C) r/w 20 (b) (ii) (B) of NDPS Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that on the secret information received, the defacto complainant/Sub Inspector of Police arrested one Manoharan/A1 and found that A1 is having 2.kgs of Kanja and on the basis of his confession statement, the petitioners were included in this case.

4.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that the possession was recovered from A1. A2 is the wife of A1. A3 and A4 are close relatives of A1. A1 was already arrested and released on bail. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that A1 was already arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Principal Special Judge for EC and NDPS Act cases, Madurai and on each of them 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m., until further orders, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners 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/- 17/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE, THE PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI.

2 THE ADDTIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S.R.KARUNANIDHI Advocate SR.No.20223 SVA/CM/MSA/20.04.2017/SAR4/2P/5C

ORDER

IN CRL OP(MD) No.4487 of 2017 Date :17/04/2017 https://hcservices.ecourts.gov.in/hcservices/