Makudeeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10309 of 2015 1 MAKUDEESWARAN 2 KARUPPIAH 3 MARIAPPAN 4 VELLAIAMMAL ..PETITIONERS/ACCUSED 1,34 & 5 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DIST.

(CR.NO. 315 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1, A3 to A5 in Crime No.315 of 2015 were arrested and remanded to judicial custody on 09.05.2015 for the alleged offences punishable under Sections 8(c) r/w 20(B) (ii) of NDPS Act, 1985 and hence, seek bail.

2.The case of the prosecution is that the petitioners were found in possession of 15.500 kgs of ganja.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted even as per the case of the prosecution each accused were holding 3 kgs of ganja. 4.The learned Government Advocate (Crl.side) would submit that the petitioners have no bad antecedent and they have found in possession of totally 15 kgs of ganja.

5.Considering the facts and circumstances of the case and also considering the fact that the contraband is within the limit of less than commercial quantity, this Court is inclined to enlarge the petitioners on bail on the following conditions. Accordingly, the petitioners are directed to be released on bail on each of them 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 Special Court (NDPS) Madurai and on further condition that the petitioners shall report before the respondent police daily at 10.00 a.m., until further orders. sd/- 10/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE SPECIAL JUDGE, THE SPECIAL COURT (NDPS) ACT, MADURAI. 2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE INSPECTOR OF POLICE,PALANI TALUK POLICE STATION, DINDIGUL DIST. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE OFFICER INCHARGE, WOMEN PRISON, TIRCHY. +1. CC to M/S.A.UTHAYAKUMAR Advocate SR.No.29488 ORDER IN CRL OP(MD) No.10309 of 2015 Date :10/06/2015 PBK/KBM 10/06/2015 ::2P-7C::

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