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Madras High CourtCRL OP(MD)/11801/2015allowed

Palani v. The Inspector Of Police,

2015-07-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11801 of 2015 PALANI ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE, NIBCID UNIT, DINDIGUL, CRIME NO.77/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.J.SELVAM Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused in Crime No.77 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 05.06.2015 for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(B) and 25 of NDPS., and hence, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of 15 kg of ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the contraband is within the limit of less than commercial quantity and the petitioner has not been convicted in any previous case.

4.The learned Government Advocate (Crl.side) would submit that the petitioner was found in possession of 15 kg of ganja and the petitioner was not involved in any other case. 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 and the petitioner has no previous case, this Court is inclined to enlarge the petitioner on bail on the following conditions.

https://hcservices.ecourts.gov.in/hcservices/ 6.Accordingly, the petitioner is directed to be released on

bail on 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 learned Additional Principal Sessions Judge (NDPS Act Cases), Madurai and on further condition that the petitioner shall report before the respondent police daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. sd/- 06/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL PRINCIPAL SESSIONS JUDGE(NDPS ACT CASES) MADURAI 2 THE INSPECTOR OF POLICE, NIBCID UNIT, DINDIGUL, CRIME NO.77/2015 3 THE OFFICER INCHARGE DISTRICT PRISON, DINDIGUL 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.SELVAM Advocate SR.No.36359

ORDER

IN CRL OP(MD) No.11801 of 2015 Date :06/07/2015 AA/07.07.2015/ 2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/