Shankar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14467 of 2015 SHANKAR, ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE NIB CID, DINDIGUL, DINDIGUL DIST CRIME NO.16/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.PANDIARAJAN Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the sole accused in Crime No.16 of 2015 on the file of the respondent police, was arrested on 04.02.2015 for the alleged offences punishable under Sections 8(c) r/w. 20(b), (ii), (c) of NDPS Act and hence, seeks bail.

2. According to the prosecution, the accused was found in possession of 23 kgs. of ganja on 04.02.2015

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that even as per the case of the prosecution, the accused was arrested at 12.15 hours on 04.02.2015 and after recovering the contraband, the case was registered at 13.00 hours on 04.02.2015. However, the arrest memo contains the crime number, which shows that the entire prosecution case is false. The learned counsel for the petitioner further submitted that in similar circumstances, this Court has granted bail in Crl.O.P.(MD).No.8089 of 2015 on 30.04.2015.

4. The learned Government Advocate (Crl.side) submitted that this is a case of commercial quantity and it is further submitted that the petitioner is having one previous case of similar nature in which he was possessing 2 kgs. of ganja and the respondent has completed the investigation and also laid charge sheet in this case which is not yet taken on file.

5. 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 https://hcservices.ecourts.gov.in/hcservices/

Additional Principal District Sessions Judge, (NDPS Act Cases), Madurai and on further condition that the petitioner shall report before the respondent police daily twice at 10.00 a.m. and 5.00 p.m. until further orders.

sd/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL PRINCIPAL DISTRICT SESSIONS JUDGE, (NDPS ACT CASES), MADURAI 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 3 THE INSPECTOR OF POLICE NIB CID, DINDIGUL, DINDIGUL DIST.

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

+1. CC to M/S.B.PANDIARAJAN Advocate SR.No.43696 Sm:IV:SAR I:5.08.2015:2P/6C

ORDER

IN CRL OP(MD) No.14467 of 2015 Date :04/08/2015 https://hcservices.ecourts.gov.in/hcservices/