Gomathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Dated: 22/01/2024 THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.569 of 2024 Gomathi : Petitioner/A1 Vs.

The State Represented by The Inspector of Police, Ramji Nagar Police Station, Trichy District.

(Crime No.25 of 2023) : Respondent/Complainant For Petitioner : Mr.S.Balasubramanian For Respondent : Mr.S.Ravi Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER:- For Bail in Crime No.25 of 2023 on the file of the respondent police.

ORDER: The Court made the following order:- The petitioner, who is arrayed as A1 was arrested and remanded to judicial custody, on 08/02/2023 for the offences punishable under sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act, in Crime No.25 of 2023 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that on secrete information, on 07/02/2023 along with the other team of officials, the de-facto complainant went to Gomarasampettai and Vannankovil main road and they were waiting near Navalur over-bridge at about 2.20 pm. They were involving in the vehicle check up. At that time, they intercepted a Three Wheeler bearing registration No.TN-45-BM-3661 in a suspicious manner. They enquired the occupants and the driver of the auto and they disclosed their name as Gomathi and Subbiah. Search was made in the presence of the VAO and Village Assistant. They found in possession of 21 kgs of Ganja. Sampling and further proceedings were undertaken as per the procedure and rules. On further enquiry, they revealed that her daughter namely Poornima and her husband Mayakannan have also involved in the Ganja Trading. They were arrested and remanded to judicial custody.

3.Heard both sides.

4.This is the third bail application filed by the petitioner stating that she is in custody every-since from the date of arrest and not involved in the either transportation of Ganja or possession; except this petitioner, all other accused were enlarged on bail by 2/6

this court, in Crl.OP(MD)Nos.9309 and 22297 of 2023. So this petitioner/A1, who has been standing on the very same footing is also entitled for bail.

5.The learned Additional Public Prosecutor would submit that except this petitioner, other co-accused were granted bail by this court.

6.So without going into other aspects, by applying the rule of parity, this court is inclined to grant bail to the petitioner/A1 with certain conditions. Accordingly, this petitioner/A1 is ordered to be released on bail on her 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 Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act cases, Pudukottai and on further condition that the petitioner shall appear before the above said Special Court daily at 10.30 am until further orders.

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To, 1.The Additional District and Sessions Judge/ Presiding Officer, Special Court for EC and NDPS Act cases, Pudukottai.

2.The Inspector of Police, Ramji Nagar Police Station, Trichy.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J er Crl.OP(MD)No.569 of 2024 22/01/2024 5/6

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