Madras High CourtCRL OP(MD)/1431/2018ordered

Nallakurumbankumar, v. The Inspector Of Police,

2018-01-31Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1431 of 2018 1 NALLAKURUMBANKUMAR 2 SOLAIRAJA ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

CR.NO.15 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: MR.S.SELVAKUMAR for M/S.G.RAJAGURU Advocate For Respondent :MR.K.SUYAMBULINGA BHARATHI Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/A1 &A2, who were arrested and remanded to Judicial Custody on 14.01.2018 for the offence punishable under Sections 8(c), r/w 20(b)(ii)(B) of NDPS Act, in Crime No.15 of 2018, on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 14.01.2018, the respondent police conducted a raid along with his police party and they found that the petitioners herein were jointly carrying a bag containing 1.200 kgs of ganja. Hence, case has been registered against the petitioners/A1 & A2, they were arrested and remanded to judicial custody.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that there is no previous case is pending against these petitioners. They are in judicial custody from 14.01.2018 onwards. Hence, he prays for bail. 4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that there are totally two accused in this case. During the time of occurrence, the petitioners were in possession 1.200 kgs of ganja. He further submitted that there is no previous case is pending against these petitioners and investigation is not completed in this case. Hence, he vehemently opposed to grant bail to the petitioners.

5.The submissions made by the learned counsel on either side are considered. It seems that the petitioners were remanded to judicial custody for the offence punishable under Sections 8(c), r/w 20(b)(ii)(B) of NDPS Act and they were in judicial custody from 14.01.2018 onwards. According to prosecution, it is alleged that during the time of search, the petitioners having possession of 1.200 kgs of ganja. The quantity of ganja, which was possessed by the petitioners not comes under the category of commercial quantity and the contraband materials also have been recovered from the accused persons. So, considering the period of incarceration of the petitioners, particularly taking note of the fact that the petitioners are the first offenders, further custodial interrogation of the petitioners is not necessary for completing the investigation. Hence, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

(i)the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Principal Special Court of EC and NDPS Act Court, Madurai.

(ii)the petitioners are directed to appear before the respondent police daily at 10.00 a.m. until further orders. (iii)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioners shall not abscond either during investigation or trial;

(v)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 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/- 31/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE OF EC AND NDPS ACT COURT, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.G.RAJAGURU Advocate SR.No.1624

ORDER

IN CRL OP(MD) No.1431 of 2018 Date :31/01/2018 MKV-PM-PN-SAR 3/31.1.2018/3P-6C