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Madras High CourtCRL OP(MD)/12829/2015allowed

Muthu v. The Sub Inspector Of Police

2015-07-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12829 of 2015 1 MUTHU 2 DEIVAM ..PETITIONERS/ACCUSED 1 AND 5 Vs.

THE STATE REP.BY THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 290 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.S.MUNIYANDI Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 5 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) r/w. 20(b) (ii) (c) and 27(A), 29 of NDPS Act in Crime No.290 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners were found in possession of 10 kgs. of ganja each.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence and the co-accused viz., A6 and A7 were already granted anticipatory bail by this Court in Crl.O.P.(MD).No.9082 of 2015 dated 04.06.2015.

4. It is submitted by the learned Government Advocate (Crl.side) that the petitioner is having one previous case.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance https://hcservices.ecourts.gov.in/hcservices/ before the learned Additional District Judge for Principal Special

Court for NDPS Act Cases, Madurai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 16/07/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE ADDITIONAL DISTRICT JUDGE FOR PRINCIPAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI.

2 -DO-THRO' THE PRINCIPAL DISTRICT JUDGE MADURAI.

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

4 THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.39579 akm/22.07.15 /2p-6c/

ORDER

IN CRL OP(MD) No.12829 of 2015 Date :16/07/2015 https://hcservices.ecourts.gov.in/hcservices/