Allowed

H.Lurdu Mari v. the Inspector of Police

Madras HC6 Jun 2023CRL OP/9453/2023

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner facing charges under the NDPS Act for possession of ganja. The petitioner was directed to deposit Rs. 20,000 towards a welfare scheme, execute a bond, meet reporting conditions, and face consequences for absconding or tampering with evidence.

What did the court decide?

The petitioner is granted anticipatory bail on condition of depositing Rs. 20,000, executing a bond, reporting daily, and adhering to specific restrictions regarding evidence and attendance.

H.Lurdu Mari Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2023)

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Crl.O.P.No.9453 of 2023

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Crl.O.P.No.9453 of 2023

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A.D.JAGADISH CHANDIRA, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of NDPS Act 1985, in Crime No.272 of 2022 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner along with

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her husband were found in possession of 2.500 kgs of Ganja and on seeing the respondent police, the petitioner ran away from the scene of occurrence. Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and that she has been falsely implicated in this case only because she happens to be the wife of A1. He would further submit that A1 has been arrested and subsequently, released on statutory bail by the learned Principal Special Court under

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.9453 of 2023

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EC & NDPS Act, Chennai–104, in Crl.M.P.No.6587 of 2022 dated

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04.01.2023. He would also submit that the petitioner is ready and willing to furnish sufficient solvent sureties and to abide by any stringent condition that may be imposed by this Court. Hence, he prays for the grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner along with her husband were found in illegal possession of 2.500 kgs of Ganja. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. At this juncture, the learned counsel for the petitioner submitted

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that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.20,000/- to any welfare scheme run by the Government.

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Heard both sides and perused the materials available on

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records.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.9453 of 2023

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Taking into consideration the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Dean, Government Medical College and Hospital, Chengalpet, without prejudice to his rights and contentions before the trial Court.

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Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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Taking into consideration the facts and circumstances of the case, the submissions made by the counsel on either sides and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.20,000/- to the Dean, Government Medical College and Hospital, Chengalpet, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.9453 of 2023

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Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) directly to the Dean, Government Medical College and Hospital, Chengalpet, and on such deposit and on receipt of proof of payment, 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 II, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees

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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:

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[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.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.9453 of 2023

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[b] the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) directly to the Dean, Government Medical College and Hospital, Chengalpet, to enable the Dean to use the aforesaid amount for the purpose of treating the alcohol influenced patients.

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[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioner shall not abscond either during investigation or trial.

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[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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.9453 of 2023

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Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

06.06.2023

jas

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.9453 of 2023

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A.D.JAGADISH CHANDIRA, J.

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jas

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Crl.O.P.No.9453 of 2023

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06.06.2023

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https://www.mhc.tn.gov.in/judis

H.Lurdu Mari v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

H.Lurdu Mari v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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