BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Thirtieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13169 of 2011 MURUGAN @ BALAMURUGAN :PETITIONER / ACCUSED NO.4 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, CHIEKKANURANI POLICE STATION, MADURAI DISTRICT. CR NO. 360/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. K.KRISHNAN Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A4 apprehends arrest at the hands of the respondent police for the alleged offence punishable under sections 8(c) read with 20 (b)(ii)(B) of N.D.P.S. Act in Crime No.360 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioner is an innocent person and he was falsely implicated in this case as if he has possessed 1.200 kgs of ganja and the case has been registered on 29.08.2011 and since he apprehends arrest, he prayed for the enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that the petitioner is having two previous cases and the investigation is going on and hence, he prayed for the dismissal of the application. 4.Considering the submissions made on either side, the case of the prosecution is that on 29.08.2011, when the respondent police conducted raid along with the police, the petitioner and other persons were carrying a bag containing 1.200 kgs of ganja and they were got red handed. Even though, the case has been registered on 29.08.2011, the petitioner was not arrested and neither he interfered with the investigation nor abscond the jurisdiction and the respondent police has not taken any steps to arrest the petitioner In such circumstances, I am inclined to grant anticipatory to the petitioner with certain conditions. 5.Accordingly, the petitioner/A4 is ordered to be released on bail in the event of his arrest or on his appearance before the Special Court for E.C. and N.D.P.S. Act Court, Madurai and on executing a separate 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 learned Special Judge concerned and on further condition that the petitioner shall report before the court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition 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 stands dismissed. sd/- 30/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Special Judge for E.C. and N.D.P.S. Act Cases, Madurai. 2.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Inspector of Police, Chekkanurani Police Station, Madurai District. RP/11.10.2011/1P/4C. ORDER IN CRL OP(MD) No.13169 of 2011,Date:30/09/2011 https://hcservices.ecourts.gov.in/hcservices/