Nandhakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.02.2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Nandhakumar 2.Prakash ... Petitioners/Accused Nos.5 & 6 Vs State Rep.by The Inspector of Police, Trichy Fort Police Station, Trichy District.
(Crime NO.725 of 2021) ... Respondent/Complainant For Petitioners : Mr.S.Gokulraj Advocate.
For Respondent : Mr.SS.Madhavan Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.725 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to the judicial custody on 13.07.2021 for the alleged offence under Sections 270, 328 of IPC and Sections 8(c) r/w 22(b)(ii)(B) & 21(a) of NDPS Act and section 51(B) of Disaster Management Act, in Crime No.725 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the police party was under routine patrol and on secret information, they went to the place of occurrence, at that time, they found four persons in a two Wheeler bearing registration No.TN-42-Az-997. They were apprehended and on enquiry, inspection and search, they found in possession of 15080 tablets of Nitovite, 200 tables of Nittrosun, Tydol tablets53, Nephentermine injunction IP 10 ML bottles, 25 Syringes and 3 kgs of ganja. So on arrested and the contraband has also been seized. 1/3
3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He further submitted that the this Court has granted bail to the co-accused in Crl.O.P.(MD).Nos.17777 and 18883 of 2021 dated 04.01.2022 and also submitted that the petitioners are in judicial custody from 13.07.2021.
4.The learned Government Advocate(Crl.Side) submitted that these petitioners are continuously engaging in illegal activities and spoiling the younger society by supplying and selling the contraband as well as the drugs. He further submitted that no other previous case is reported against these petitioners and also submitted that the most of the investigation might have been over. 5.Considering the period of custody of these petitioners and by this time, most of the investigation might have been over and no previous case is pending against these petitioners and granting of bail to the co-accused, this Court is inclined to grant bail to the petitioners with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal 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 Additional District and Sessions Judge Cum Presiding Special Court for E.C. And NDPS Act Cases, Pudukkottai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 01/02/2022 / TRUE COPY / 01/02/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE CUM PRESIDING SPECIAL COURT FOR E.C. AND NDPS ACT CASE, PUDUKKOTTAI.
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2 THE SUPERINTENDENT, CENTRAL PRISON, PUDUKOTTAI.
3 THE INSPECTOR OF POLICE TRICHY FORT POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-558[I] dated 01/02/2022 )
ORDER
IN CRL OP(MD) No.945 of 2022 Date :01/02/2022 RS/PN/SAR.3(01.02.2022) 3P-6C 3/3