Latha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1225 of 2015 LATHA ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

CR. NO.16/2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 06.01.2015 for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.16 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner was arrested along with other co-accused with possession of 3kg Ganja on 06.01.2015.

3. Heard the learned Counsel for the petitioner.

4. The Investigating Officer is present. It is represented by the learned Government Advocate(Crl.Side) that there is no previous case against this petitioner.

5. Under such circumstances, I am inclined to grant bail to this petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his 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 District Judge for Principal Special Court and NDPS Act Cases, Madurai and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

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[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 27/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT JUDGE FOR PRINCIPAL SPECIAL COURT AND NDPS ACT CASES, MADURAI. 2.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.THE OFFICER INCHARGE, SUB JAIL, NILAKOTTAI. 4.THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.3442

ORDER

IN CRL OP(MD) No.1225 of 2015 Date :27/01/2015 rg.27/01/2015 2p/6c.

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