Mohamed Lukman @ Lukman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MOHAMED LUKMAN @ LUKMAN ... PETITIONER/ ACCUSED NO.1 Vs THE INSPECTOR OF POLICE MELUR POLICE STATION, MELUR, MADURAI.

(CRIME NO.514 OF 2023) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.JAINUL ABUDHEEN.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. 514 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner / Accused No.1, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c), 20(b)(ii)(A) 1/5

and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.514 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with two other accused persons were having ganja in their bike. At that time, when the Police officials were in patrol duty, Accused Nos.1 ran away from that place and the respondent Police arrested Accused Nos.2 and 3 and thereafter, seized the ganja from the accused persons. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. He would further submit that totally 80 grams of Ganja were recovered from Accused Nos.2 and 3 alone. Hence, he prayed for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that there is no previous case pending against the petitioner and totally, 80 gms of Ganja were recovered from the accused persons.

5. Considering the facts and circumstances of the case and also 2/5

considering the fact that the seized contraband is not a commercial quantity and also considering the fact that no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is granted anticipatory bail and he 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 of a copy of this order, before the learned Judicial Magistrate, Melur, 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 to 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;

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(c)the petitioner shall report before the respondent police 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 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 02/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. -I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 4/5

TO 1.THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE MELUR POLICE STATION, MELUR, MADURAI.

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

+1 CC TO M/S.A.JAINUL ABUDHEEN, ADVOCATE ( SR-162[I] DATED 04/01/2024 )

ORDER

IN Date :02/01/2024 RK/DD (05/01/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5