Madras High CourtCRL OP(MD)/19588/2015allowed

Kamaraj v. The Insepector Of Police

2015-10-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19588 of 2015 KAMARAJ ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSEPECTOR OF POLICE SANARPATTI POLICE STATION, DINDIGUL DISTRICT.

CR. NO.368/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S P.BALAN Advocate For Respondent : M/s.S.PRABHA, Government 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 the sole accused, in Crime No.368 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 07.09.2015, for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotics Drug and Psychotropic Substance Act, and hence, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of 1 1⁄2 kgs of ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and it is further submitted that that the contraband is within the limit of less than commercial quantity.

4.The learned Government Advocate (Crl.side) submitted that the petitioner is having several previous cases and he is a habitual offender.

5.However, considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. 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 of Principal Special Court for EC and NDPS Act Cases, Madurai and on further condition that the petitioner shall reside at Virudhunagar and report before the Virudhunagar Town Police Station daily twice at 10.00 a.m., and 05.00 p.m., until further orders.

sd/- 09/10/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE ADDITIONAL DISTRICT JUDGE OF PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI.

2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE INSEPECTOR OF POLICE, SANARPATTI POLICE STATION, DINDIGUL DISTRICT.

4 THE INSPECTOR OF POLICE, VIRUDHUNAGAR TOWN POLICE STATION, VIRUDHUNAGAR.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S P.BALAN Advocate SR.No.59858 ORDER IN CRL OP(MD) No.19588 of 2015 Date :09/10/2015 PBK/SK-SKN/SAR-II 09/10/2015 ::2P-7C::

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