Karuppasamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Karuppasamy ... Petitioner/Accused No.1 Vs State Rep.by The Sub Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

Crime No.220 of 2023.

... Respondent/Complainant For petitioner : Mr.G.Kalidoss, Advocate.

For Respondent : Mr.R.M.S. Sethuraman, 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, who was arrayed accused No.1, was arrested and remanded to judicial custody on on 31.08.2023 for the alleged offence punishable under Section 8 (c) r/w. Section 20(b) (A) of NDPS substance Act and Section 77 of the Juvenile 1/5

Justice Act, 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 9.00 am., when the police parties while on patron nearby the Hindu Nadar higher secondary school, Muhavoor, to prohibit illegal selling of Ganja to the public and also school going children. The petitioner and other accused who were standing near the school playground attempted to escape from that place on seeing the police parties. The respondent police surrounded and searched the petitioner, he was found in possession of 45 gms of Ganja meant to be sold to the public including school going children. Hence, the complaint.

3. The learned counsel appearing for the petitioner would contend that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and hence, seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police would strongly object to grant bail to the petitioner on the ground that if the petitioner is enlarged on bail, he would indulge in similar offences again.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner , subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate, Rajapalayam, Virudhunagar District, and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[c] the petitioner shall report before the respondent police once in 15 days ie. on first week of Monday and third week of Monday, until further orders. [d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/10/2023 / TRUE COPY / 04/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

THE SUB INSPECTOR OF POLICE DHALAVAIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT, THE OFFICER INCHARGE, SUB JAIL, SRIVILLIPUTHUR.

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

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+1 CC to M/s.G.KALIDOSS, Advocate ( SR-14586[I] dated 04/10/2023 )

ORDER

IN CRL OP(MD) No.17662 of 2023 Date :04/10/2023 PKP/SAR- /04.10.2023/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5