BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14290 of 2011 PANDI ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP BY THE INSPECTOR OF POLICE, ANDIPATTI POLICE STATION, THENI DISTRICT. CRIME NO.446 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. B.JEYAKUMAR Advocate For Respondent : Mr.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.446 of 2011 on the file of the respondent police for offences under Sections 8 (c ) read with 20(b) (ii) ( C ) of NDPS Act. Apprehending arrest at the hands of the respondent police, he is beofre this Court seeking anticipatory bail. 2.According to the case of prosecution, the first accused was riding a motorcycle, in which, the petitioner was found travelling as a pillion rider. In the motorcycle, it was found that there was Ganja to the tune of 1 ½ kgs. On seeing the police, the petitioner is alleged to have escaped from the scene. 3.The learned counsel for the petitioner woul deny all the above allegations. According to him, the petitioner never travelled along with the first accused and he was never found in possession of Ganja. It is alleged that at the instigation of some of the enemies, according to the learned counsel, this case has been falsely foisted against the petitioner. 4.I have considered the above submissions. 5.Since the quantity of Ganja is not a commercial quantity and Section 37 of the NDPS Act is not applicable there is no https://hcservices.ecourts.gov.in/hcservices/ previous cases and the petitioner has got permanent abode, therefore, likelihood of absconding is not available and having regard to all other attending circumstances, I am inclined to grant anticipatory bail to the petitioner, but with stringent conditions. 6.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his apperance before the learned Judicial Magistrate, Andipatti, on executing 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 the petitioner shall report before the respondent Police everyday at 10.30 a.m. for a period of four weeks. The petitioner shall comply with the condition stipulated under sectin 438 Cr.P.C. Scrupulously. sd/- 03/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE ANDIPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, ANDIPATTI POLICE STATION, THENI DISTRICT. +1. CC to M/S. B.JEYAKUMAR Advocate SR.No.38037 rl/6c – 4.11.2011 ORDER IN CRL OP(MD) No.14290 of 2011 Date :03/11/2011 https://hcservices.ecourts.gov.in/hcservices/