Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KARTHICK ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE PEW POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

CRIME NO.606/2023.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.CHARUMATHI.A, Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.606/2023 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 the alleged offence under Sections 8(C) and 20(b)(ii)(A) of NDPS Act and Section 1/5

77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Cr.No.606 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that on 25.10.2023, the respondent police, during patrolling, on secret information, caught two persons and recovered Ganja from them and hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.Side) submitted that the petitioner was found in possession of 100 gms of Ganja along with other accused and that the petitioner is involved in two previous cases of similar nature. 5.Considering the facts and circumstances of the case and considering the fact that contraband recovered from the petitioner is of consumable quantity, ie., 100 gms. and the earlier cases are also of consumable quantity, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, 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 of receipt o6f a copy of this order, before the learned Judicial Magistrate, No.I, Kovilpattai, Thoothukudi District, on condition that the petitioner shall execute a bond for a sum of Rs.

the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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. until further orders;

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; (g)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

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RR TO 1 THE JUDICIAL MAGISTRATE NO.I KOVILPATTI, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE PEW POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.G.RADHAKRISHNAN, Advocate ( SR-105[I] dated 04/01/2024 ) 4/5

ORDER

IN Date :03/01/2024 SS/VR/SAR- /10/01/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5