Krishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10459 of 2015 1 KRISHNAN 2 KARNAN ... PETITIONER(S) / ACCUSED 1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SINDHUPATTI POLICE STATION, MADURAI DISTRICT, CRIME NO.83/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.J.ASSOCIATES Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. 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 accused Nos.1 and 2 in Crime No.83 of 2015 on the file of the respondent police, were arrested on 13.05.2015 for the alleged offences punishable under Sections 8(c) r/w. 20(b)(ii)(C) of NDPS Act and hence, seek bail.

2. The case of the prosecution is that on 13.05.2015, at about 8.30 p.m., the first accused was found in possession of 20 kgs. of ganja and the second accused was having 26 kgs. of ganja.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the respondent has not taken samples from the contraband in the place of occurrence and the contraband were produced with a delay of 40 days i.e., on 19.06.2015. The learned counsel for the petitioners further submitted that in similar circumstances, this Court has granted bail to the other accused in Crl.O.P.(MD).No.18641 of 2014 dated 12.11.2014.

4. Per contra, the learned Government Advocate (crl.side) submitted that the contraband was seized on 13.05.2015 and the same was produced on 19.06.2015 and there is no delay. The learned Government Advocate (Crl.side) further submitted that the respondent has followed the procedure at the time of seizure and also thereafter. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the order passed by this Court in Crl.O.P.(MD).No.18641 of 2014 dated 12.11.2014. I am inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are

ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Special Court for NDPS Cases, Madurai and on further condition that the petitioners shall appear before the respondent police daily twice at 10.00 a.m. and 5.00 p.m. until further orders.

sd/- 22/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SPECIAL COURT FOR NDPS CASES, MADURAI. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE SINDHUPATTI POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.32581. TS/22.06.2015/2P -6C

ORDER

IN CRL OP(MD) No.10459 of 2015 Date :22/06/2015 https://hcservices.ecourts.gov.in/hcservices/