The Madurai Bench allowed anticipatory bail to the petitioner in an NDPS case, noting the co-accused was acquitted and evidence against him was weak, despite a prior dismissal due to a previous case.
Petitioner released on bail upon executing surety bonds and complying with daily reporting conditions for 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Second day of January Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD) No.22734 of 2018
KALAIGNAR @ KALAIGNAR PANDIAN ... PETITIONER / ACCUSED No. 2
Vs
THE SUB INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT. IN CR NO. 122 OF 2018
... RESPONDENT / COMPLAINANT
For Petitioner : MR.V.MAHARAJAN Advocate
For Respondent : MR.AAYIRAM K.SELVAKUMAR,
ADDITIONAL GOVERNMENT PLEADER
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner seeks grant of anticipatory bail as he apprehends arrest for the offences under Sections 8(c) r/w 20(b)(ii) (c) and 29(1) of NDPS Act in Crime No. 122 of 2018, on the file of the respondent police.
2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3.The petitioner's earlier petition for anticipatory bail was dismissed on 19.04.2018. The petitioner has renewed his prayer for anticipatory bail principally on the ground that the co-accused has already been released on bail. It is seen that the co-accused A1 is none other than the petitioner's mother. The earlier application of the petitioner seeking anticipatory bail was dismissed on the ground that he is having one previous case to his credit.
4.The learned Government Advocate(Criminal side) appearing for the respondent informed this Court that A1 in this case has since been acquitted in the earlier case. It is also admitted by the https://hcservices.ecourts.gov.in/hcservices/ respondent that the contraband was seized only from A1 and not from the petitioner herein. Further, the quantity is also not much.
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5.Taking note of the above said facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special Sessions Judge for NDPS Cases, Madurai, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/-
02/01/2019
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER
IN
CRL OP(MD) No.22734 of 2018 Date :02/01/2019 MSI/JC/SAR-I/10.01.2019-2P/5C
2 issues framed by the court
Whether the petitioner qualifies for anticipatory bail given previous dismissal of an earlier petition and the nature of the current charge.
Whether the co-accused's acquittal and the quantity of contraband seized solely from the co-accused warrant granting bail.
2 provisions across 2 enactments
KALAIGNAR @ KALAIGNAR PANDIAN
THE SUB INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT
G.R. SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
