Sri Hariharan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14566 of 2023 Sri Hariharan ... Petitioner/Sole Accused

Vs The State represented by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District. Crime No.276 of 2023.. ... Respondent/Complainant For Petitioner : M/s.Ramasamy.S,

Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.276 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 14.07.2023 for the alleged offence under Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 8(c), 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.276 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner sold the Ganja to the defacto complainant's son. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner. The petitioner is having possession of 127 pockets of ganja weighing about 4 gms. each.

5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate No.II, Sivakasi, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/-

09/08/2023

/ TRUE COPY /

09/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TM TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAKASI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR. 4 THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.S.RAMASAMY, Advocate ( SR-11997[I] dated 09/08/2023 ) ORDER IN CRL OP(MD) No.14566 of 2023 Date :09/08/2023 SS/09/08/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023