Sai Prasath @ Sai Prasanth v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Sai Prasath @ Sai Prasanth ... Petitioner/Accused No.4 Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Subramaniapuram Police Station, Madurai District.
Cr.No.4 of 2024.
... Respondent/Complainant For Petitioner : Mrs.B.Kalpana, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Cr.No.4 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/5
the alleged offence under Sections 8(c), 20(b)(ii)(B) of NDPS Act and Section 77 of Juvenile Justice Act, 2015 in Crime No.4 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons were found in possession of 1.100 Kgs of Ganja. There are totally four accused persons in this case and the petitioner has been arrayed as A4.
3.The learned Additional Public Prosecutor appearing for the respondent police submitted that Ganja was seized from A1 and the petitioner has been arrayed as accused based on the confession of A1 to the effect that A2 to A4 have supplied the Ganja to A1. The learned Additional Public Prosecutor further submitted that there are four previous cases pending against the petitioner for other offences. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
5. Taking into consideration the facts and circumstances of the case and also considering that A3 has already been granted anticipatory bail by this Court in Crl.O.P(MD)No.9857 of 2024, by order dated 09.07.2024, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt 2/5
of a copy of this order, before the learned Judicial Magistrate No.IV, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner and 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 daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioner shall not abscond either during investigation or trial; [f] on breach of any of the aforesaid conditions, the learned 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 3/5
in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 12/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.KALPANA Advocate SR.No.13954(I) dated 13/11/2024 4/5
ORDER
IN CRL OP(MD) No.19476 of 2024 Date :12/11/2024 PSP/ VR /SAR /18.11.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5