Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM
1. Kumar,
2. Kaniyammal, ... Petitioners/Accused Nos 1 & 2 Vs State Rep.by The Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.
In Crime No.159/2023.
.... Respondent/Complainant For Petitioners : A.Balaji,Advocate.
For Respondent : Mr.RMS,.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.159/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/ Accused, who were arrested and remanded to judicial custody on 04.11.2023 for the alleged offence punishable under Sections 8(c), 20(b)(ii)(A) of 1/5
Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.159 of 2023, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners herein have illegally found in possession of 700 grams of Ganja. Hence, the case. 3.The learned counsel appearing for the petitioners would submit the petitioners are husband and wife and they are innocent and they are in jail from 04.11.2023 and hence, he seeks bail.
4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners herein have illegally found in possession of 700 gms of Kanja and A1 is having one previous case and the investigation of the case is pending.
5. On a perusal of the FIR, it is noticed that the petitioners herein have illegally found in possession of 700 gms Kanja.
6. Considering the nature of allegations made against the petitioners and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioners, this Court is inclined to grant bail to the petitioners. 2/5
7. Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rajapalayam and on further conditions that:
(i) the petitioners shall affix their photograph 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.
(ii) the petitioners shall appear before the trial Court once in a month i.e., 1st working day of every English Calender month at 10.30 am until further orders. (iii)the petitioners shall not tamper with evidence or witness; (iv)the petitioners shall not abscond during trial. (v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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
vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 30/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO THE JUDICIAL MAGISTRATE, RAJAPALAYAM.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
THE INSPECTOR OF POLICE KEELARAJAKULARAMAN POLICE STATION, VIRUDHUNAGAR DISTRICT.
THE SUPERINTENDENT, CENTRAL WOMEN PRISON, MADURAI.
4/5
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20600 of 2023 Date :30/11/2023 PKP/30.11.2023/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5