Shankar Nagendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Shankar Nagendran ... Petitioner/Accused No.2 -vsThe State represented by The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

(in Cr.No.214 of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.214 of 2022.

For Petitioner : Mr.S.Sundrapandian Advocate For Respondent : Mr.T.Senthil Kumar Additional Government Pleader ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 8(c) and 20(b)(ii)(A) of NDPS Act in Crime No.214 of 2022 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant, is that the petitioner along with other accused were found in possession of 1.250 kg of kanja and on seeing the police, the petitioner and other accused ran away. Hence, the complaint. 3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case based on the confession of the arrested accused. The learned Counsel for the petitioner would also submit that the petitioner is 21 years old and he is a studying B.A (Tamil) in Bharathidasan University and without prejudice to the defence, the petitioner is ready to make a donation for any welfare scheme. 1/3

4.The learned Additional Public Prosecutor would submit that the petitioner and other accused were found in possession of 1.250 kg of kanja and he would fairly concede that the petitioner has no previous case pending against him. He would oppose to grant anticipatory bail.

5.The petitioner shall pay a sum of Rs.3,000/- to the credit of Madurai Bench of High Court Advocates Association (MBHAA), A/c.No.496038755, IFSC Code:IDB000H40, Branch-High Court, Madurai, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the Special Court for EC & NDPS Cases, Additional District Judge, Pudukottai District.

6.Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.On such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before Special Court for EC & NDPS Cases, Additional District Judge, Pudukottai District, 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, one shall be either the father or mother of the petitioner, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] 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.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 am until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 2/3

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

sd/- 16/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT JUDGE, SPECIAL COURT FOR EC & NDPS CASES, PUDUKKOTTAI DISTRICT.

2. THE INSPECTOR OF POLICE, THUVARANKURICHI POLICE STATON, TRICHY DISTRICT.

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

COPY TO :

THE OFFICER-INCHARGE, MADURAI BENCH OF HIGH COURT ADVOCATES ASSOCIATION (MBHAA), MADURAI.

+1 CC to M/s.SUNDARAPANDIAN., Advocate ( SR-15049[I] dated 16/12/2022 )

ORDER

IN CRL OP(MD) No.22309 of 2022 Date :16/12/2022 cmr USK/VR/SAR-II/21.12.2022/3P/6C 3/3