P. Babu v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH P.Babu ... Petitioner / Accused No.1 Vs The State of Tamil Nadu Represented by the Inspector of Police, PEW-Theni Police Station, Theni District.
(Crime No.720 of 2024) ... Respondent/Complainant For Petitioner : Mr.A.Premkumar, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 720 of 2024 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 8(c) r/w. Section 20(b)(ii)(A), 29(1), 25 of NDPS Act, in Crime No.720 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that 200 grams of ganja was seized from A2. Based on his confession, it came to light that the petitioner (A1) had5 supplied the ganja.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and the quantity that is involved in this case and considering the fact that there are 4 previous cases against the petitioner, out of which, 1 case pertains to NDPS Act, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5
5. 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 on which the order copy made ready, before the learned Judicial Magistrate Court, Theni, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] 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. [b] the petitioner shall report before the learned Judicial Magistrate, Theni at 10.30 a.m. on every Monday and Friday and at 05.30 p.m. on those days before the respondent police for a period of 4 weeks and thereafter, as and when required.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 13/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE THENI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.
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3 THE INSPECTOR OF POLICE, PEW-THENI POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.PREMKUMAR, Advocate ( SR-15381[I] dated 13/12/2024 )
ORDER
IN CRL OP(MD) No.22017 of 2024 Date :13/12/2024 SS/SKN/SAR- /03/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5