Anthony Pitchai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Anthony Pitchai ... Petitioner/Sole Accused Vs The Inspector of Police, Rep. by the Inspector of Police, South Police Station - Thanjavur, Thanjavur District.
Crime No. 458/2024.
... Respondent/Complainant For Petitioner : Mr. Arun Prasad. A, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 458 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 13.10.2024 for the offences under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.458 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 1.120 Kg of Ganja.
3. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner has twenty four previous cases against him, out of which, twenty two cases pertain to IPC offences and two cases pertain to NDPS case.
4. The learned Counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner.
5. Taking into consideration the facts and circumstances of the case and the quantity involved in the present case and also considering the fact that the petitioner has already suffered incarceration from 13.10.2024, this Court is inclined to grant bail 2/5
to the petitioner subject to the following conditions.
6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on 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 Judicial Magistrate No.I, Thanjavur, and on further conditions that:- [a] 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 daily at 10.30 a.m until further orders.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[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 3/5
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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023 sd/- 19/11/2024 / TRUE COPY / 19/11/2024 Sub-Assistant Registrar (AD-II) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO
1. THE JUDICIAL MAGISTRATE NO.I, THANJAVUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3. THE OFFICER IN CHARGE, SUB JAIL, THANJAVUR.
4. THE INSPECTOR OF POLICE, SOUTH POLICE STATION - THANJAVUR, THANJAVUR DISTRICT.
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5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20041 of 2024 Date :19/11/2024 RK (19/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5