Madras High Court
Manikandan vs The Inspector Of Police on 29 April, 2022
CRL OP(MD). No.4343 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 29/04/2022
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD). No.4343 of 2022
Manikandan,
S/o.Sathasivam, No.56, Kamarajapuram
Main Road, Kamarajapuram, Madurai South,
Madurai..
... Petitioner/Accused
Vs
1. The Inspector of Police,
NIB CID, Viswanathapuram, Madurai.
(Crime No.32/2021).
2. The Inspector of Police,
Avaniyapuram Police Station, Madurai.
3. Thangeswaran,
Additional Public Prosecutor For Ndps
Cases, Madurai.
(R2 R3 and R4 Suo Motu Impleaded as per order Dated
20.04.2022 in Crl.Op.(MD).Nos.3770, 4343, 5564, 5565
and 7025 of 2022)
... Respondents/Complainants
For Petitioner : M/s.Sukumar S,
Advocate.
For Respondent : Mr.T.Senthilkumar,
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4343 of 2022
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of
Cr.P.C
PRAYER :-
C-32AB. For Anticipatory Bail in Crime No.32 of
2021 on the file of the Respondent Police.
ORDER : The Court made the following order :-
Heard the learned counsel appearing for the
petitioner and the learned Government Advocate(Crl.
Side) appearing for the respondent.
2.The petitioner, who apprehends arrest at
the hands of the respondent police for the alleged
offence punishable under Sections 8(c), 20(b), (ii)
(C), 25, 29(1) of Narcotic Drugs and Psychotropic
Substances Act, 1985 & 25(1A) of Arms Act in Crime
No.32 of 2021 on the file of the respondent police,
seeks anticipatory bail.
3.The case of the prosecution is that on
13.06.2021 at about 7.00 a.m., upon secret
information, the Inspector of Police, Avaniapuram
intercepted the vehicle bearing Reg.No.TN 58 AA 1027
belongs to one Marimuthu at CMS Porikadalai Mill
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CRL OP(MD). No.4343 of 2022
Stop, Avaniyapuram and enquired the persons, namely,
Boominathan @ Boomi, Solai and Marimuthu and
Boominathan @ Boomi was found in possession of one
pistol, two megacin, Rs.1,00,000/- cash. A confession
statement was recorded from Boominathan @ Boomi that
they illegally transported 190 kgs of ganja, the
Inspector of Police registered a case in Crime No.668
of 2021, against 10 persons, including the
petitioner.
4.The learned counsel appearing for the
petitioner submits that this is the second
application filed by the petitioner for anticipatory
bail. There is no other material except the
confession statement of the first accused as against
the petitioner. The accused Nos.1 to 3 are the main
accused in this case and 130 kgs of ganja was
recovered from the house of the sixth accused and 60
kgs of ganja was recovered from the house of
accused Nos.1 to 3 and those main accused have been
released on bail by the trial Court under Section
167(2) Cr.P.C.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4343 of 2022
5.The learned Government Advocate (Crl.Side)
confirmed the grant of statutory bail to the main
accused Nos.1 to 3 by the trial Court. He submits
that the case was originally registered by the
Inspector of Police, Avaniapuram and considering the
quantity of ganja involved, the case was transferred
to NIBCID Police. Further investigation was conducted
by the NIBCID police and final report was also filed
and the same is pending in CC No.304 of 2022.
6.This Court considered the rival
submissions made and perused the materials placed on
record.
7.Earlier application filed by the
petitioner was dismissed by this Court based on the
submission that the case has been transferred to
NIBCID for further investigation. As per the
prosecution case, 60 kgs of ganja had been recovered
from the accused Nos.1 to 3 from an Autoricksaw and
based on the confession statement of the first
accused, further 130 kgs of ganja has been recovered
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CRL OP(MD). No.4343 of 2022
from the house of A6. The petitioner is implicated
only through the confession statement of the first
accused. The respondent police have also completed
the investigation and filed the final report as
against the petitioner. Excepting the confession
statement, no other material was collected by the
Investigating Agency against the petitioner. The
accused 1 to 3 are the main accused, from whom, the
contraband was recovered and they have been released
on bail by the trial Court under Section 167(2) of
Cr.P.C. Though there are provisions available under
the NDPS Act, for obtaining extension of time upto
one year for filing the Final Report the respondents
allowed the main accused 1 to 3 to get bail.
8. It is pertinent to note that a Full Bench
of the Hon'ble Apex Court, in Tofan singh Vs State of
Tamilnadu, reported in (2021)4 SCC, held that a
confessional statement under section 67 of NDPS Act
is inadmissible in evidence. Further, in the recent
judgment of Hon'ble Apex Court, in state by (NCB)
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CRL OP(MD). No.4343 of 2022
Bengaluru v.Pallulabid Ahmed (Appeal (crl) No.242 of
2022), it has been held that confessional statement
recorded under section 67 of NDPS Act will remain
inadmissible in the trial of an offence under NDPS
Act.
9. Considering the fact that based on the
confession statement of the co-accused, the
petitioner is implicated in this case and as per the
decision of the Hon'ble Apex Court, a confessional
statement under section 67 of NDPS Act is
inadmissible in evidence, this Court is inclined to
grant anticipatory bail to the petitioner.
10. Accordingly, this criminal original
petition is allowed and 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 of receipt of a copy of this order, before the
Principal Special Court under EC & NDPS Act Cases,
Madurai on condition that the petitioner shall
execute a bond for a sum of Rs.25,000/- (Rupees
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CRL OP(MD). No.4343 of 2022
Twenty Five thousand only), with two sureties each
for a like sum to the satisfaction of the learned
Judge concerned and on further conditions that:
[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 Aadhaar card or bank pass book to ensure their
identity.
[b]the petitioner shall report before respondent
police daily at 10.30 a.m., until further orders.
[c]the petitioner shall not tamper with the
evidence or witness either during investigation or
trial.
[d]the petitioner shall not abscond either
during investigation or trial.
[e]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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CRL OP(MD). No.4343 of 2022
Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560].
[f]If the accused thereafter abscond, a fresh
FIR can be registered under Section 229-A IPC.
(B P J)
29.04.2022
VRN
TO
1. The Inspector of Police,
NIB CID, Viswanathapuram, Madurai.
(Crime No.32/2021).
2. The Inspector of Police,
Avaniyapuram Police Station, Madurai.
3. Thangeswaran,
Additional Public Prosecutor For NDPS
Cases, Madurai.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4343 of 2022
B.PUGALENDHI,J
VRN
ORDER
IN
CRL OP(MD) No.4343 of 2022
Date : 29/04/2022
https://www.mhc.tn.gov.in/judis
