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Madras High CourtCRL OP(MD)/12101/2015allowed

Mayilammal, v. The Sub 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.12101 of 2015 MAYILAMMAL ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE P.C.PATTY POLICE STATION, THENI DT.

IN CRIME NO. 386 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUNIYANDI 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 A2 in Crime No.386 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) of NDPS., and hence, seeks bail. 2.The case of the prosecution is that the petitioner was found in possession of 1.250 kgs 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.

4.The learned Government Advocate (Crl.side) would submit that the petitioner was found in possession of 1.250 kgs of ganja and the petitioner is having four previous cases of similar in nature and in all the cases she was found in possession of small quantity. 5.Considering the facts and circumstances of the case and also considering the fact that the contraband is within the limit of less https://hcservices.ecourts.gov.in/hcservices/ than commercial quantity, this Court is inclined to enlarge the petitioner on bail on the following conditions.

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 Principal Special Court for EC and 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 PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI.

2 THE OFFICER INCHARGE, WOMEN PRISON,NILAKKOTTAI.

3 THE SUB INSPECTOR OF POLICE P.C.PATTY POLICE STATION, THENI DT.

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

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.36241

ORDER

IN CRL OP(MD) No.12101 of 2015 Date :06/07/2015 PA/06.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/