Subash v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Subash ... Petitioner/Accused A3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Usilampatti Town Police Station, Madurai District.

Crime No.158/2024..

... Respondent/Complainant For Petitioner : Mr.S.Balaji, Advoate For Respondent : Mr.S.Ravi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.158/2024 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 1/5

police for the alleged offence under Section 8(c), 20(b)(ii)(A) of NDPS Act and Section 77 of JJ Act, 2015 in Crime No.158 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1and A2 were found in possession of 200 grams of Ganja. They were arrested and contraband was seized. Based on their confession, the petitioner (A3) has been added as an accused. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 4.Taking into consideration of the facts and circumstances of the case and considering the fact that the petitioner has been added as an accused based on the confession of co-accused and considering the quantity of contraband that is involved in this case and also taking note of the fact that there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 5.

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 of a copy of this order, before the learned Judicial Magistrate No.I, Usilampatti, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.

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 every Monday, Wednesday and Friday at 05.30p.m., for a period of four weeks, 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 in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/5

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

sd/- 02/12/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI, MADURAI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

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

+1 CC to M/s.S.BALAJI, Advocate ( SR-14789[I] dated 02/12/2024 )

ORDER

IN CRL OP(MD) No.21041 of 2024 Date :02/12/2024 4/5

PSP/ VR /SAR /11.12.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5