Sukumari v. State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15559 of 2015 SUKUMARI ... PETITIONER/ACCUSED NO.2 Vs STATE REP. BY THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DIST.

CR. NO. 82 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S B.PANDIARAJAN Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 8(c) r/w. 20(b), (ii), (c) of NDPS Act, in Crime No.82 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was found in possession of 21 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 the arrest memo contains crime number and on that ground co-accused A4 and A5 were granted anticipatory bail in Crl.OP.9390 of 2015. 4.The learned Government Advocate (Crl.side) would submit that the petitioner is having one previous case and this is a case of Commercial quantity and hence the accused is not entitled for bail. 5.However, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Principal District Special Court for E.C and NDPS Act Cases, Madurai, Madurai District and on 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. https://hcservices.ecourts.gov.in/hcservices/

7. The petitioner 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/- 12/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI, MADURAI DISTRICT.

2. THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S B.PANDIARAJAN Advocate SR.No. 46019 SR : 14.08.2015 : 2P/5C

ORDER

IN CRL OP(MD) No.15559 of 2015 Date :12/08/2015 https://hcservices.ecourts.gov.in/hcservices/