← Library
Madras High CourtCRL OP(MD)/18511/2018ordered

Jayamani, W/O.Durai Pandi, v. The Inspector Of Police,

2018-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18511 of 2018 JAYAMANI ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, THIRUVARUR DISTRICT.

CRIME NO.202 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.MUTHUMALAI RAJA Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 22.08.2018 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of N.D.P.S Act, 1985, in Crime No.202 of 2018, on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 22.08.2018, during the patrol based on secret information, the respondent police recovered the ganja weighing 1.100 kgs from the petitioner. Hence, the case has been registered.

3.The learned counsel for the petitioner would submit that the petitioner is a heart patient and a diabetic patient. The fake information has given by the informant based on which, the respondent police registered a case against the petitioner and she is an innocent. She is in incarceration from 22.08.2018 onwards. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is completed and there is one previous case pending against the petitioner. Hence, he opposed to grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. (i) the petitioner shall execute 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 learned Additional District and Sessions Judge for Special Court under E.C. Act Case, Thanjavur.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

sd/- 30/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FOR SPECIAL COURT UNDER E.C.ACT CASES, THANJAVUR.

2 THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, THIRUVARUR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, TRICHY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHUMALAI RAJA Advocate SR.No. 20660

ORDER

IN CRL OP(MD) No.18511 of 2018 Date :30/10/2018 JM/PN/SAR 3/30.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/