Karthi @ Karthik v. The Inspector Of Police
CRL OP(MD). No.1397 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1397 of 2023 Karthi @ Karthik ... Petitioner/Accused No. 1 Vs The State represented by The Inspector of Police, NIB-CID Police Station, Theni, Theni District.
(Crime No.8 of 2022) ... Respondent/Complainant For Petitioner : Mr.A.Balaji, Advocate For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.8 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who is arrayed as accused No.1 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(II)(B), 25 and 29(I) of NDPS Act, in Crime No.8 Of 2022 seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner has arrayed as accused only through the confession of A2. The earlier anticipatory bail petition was dismissed on the ground that he has one previous case in Crime No.20 of 2022. But however, the Co-ordinate Bench of this Court has granted anticipatory bail to the petitioner in Crl.O.P(MD) No.20335 of 2022 dated 17.112022.
3. The learned Additional Public Prosecutor would submit that no previous case is pending against the petitioner apart from Crime No.20 of 2022, in which, the petitioner is granted anticipatory bail.
4. Considering that the anticipatory bail is granted to the petitioner in the subsequent case by the co-ordinate Bench of this Court, this Court is inclined to grant anticipatory bail to the petitioner with conditions.
5.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.1397 of 2023 or on his appearance, before the learned Principal Special Court of EC and NDPS Act Cases, 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 learned Principal Special Court of EC and NDPS Act Cases, Madurai, and the petitioner shall appear before the respondent police once in a month i.e., at 10.30 a.m., on first working day of every month, until further orders and co-operate with them to complete the investigation process. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. If during the Course of investigation, if the custodial interrogation of the petitioner is required to extract any fact, then the respondent is at liberty to approach the concerned Court for appropriate orders.
6. The petitioner shall appear before the learned Principal Special Judge, Special Court of EC and NDPS Act Cases, Madurai, 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/- 25/01/2023 / TRUE COPY / 25/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI.
2 THE INSPECTOR OF POLICE, NIB-CID POLICE STATION, THENI, THENI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.BALAJI A Advocate SR.No.1199 ORDER IN CRL OP(MD) No.1397 of 2023 Date :25/01/2023 SA/SSS/SAR. /25.01.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2