Raja @ Nahoor Hanifa v. State Rep By Sub-Inspector Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15869 of 2015 RAJA @ NAHOOR HANIFA ..PETITIONER/ACCUSED-2 Vs.
STATE REP BY SUB-INSPECTOR OF POLICE, THALAMUTHUNAGAR POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.
CR. NO. 466 OF 2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.T.SATHIYANATHAN Advocate For Respondent : M/s.S.PRABHA, Government 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(b) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.466 of 2014 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused were found in possession of 5 kgs of Ganja.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that A1, A3 to A5 were enlarged on bail by this court as well as the lower court.
4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in this case, after completion of the investigation, charge sheet was filed on 24.03.2015. 5.Considering the above 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 learned Principal Special Court for NDPS Act cases, Madurai and 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 Judge concerned and on further condition that the petitioner shall appear before the respondent police daily twice I.e., 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.
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7.The petitioner shall appear before the concerned Judge 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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE PRINCIPAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI. 2 THE ÃDDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE SUB-INSPECTOR OF POLICE, THALAMUTHUNAGAR POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.
+1. CC to M/S.T.SATHIYANATHAN Advocate SR.No.50640 ORDER IN CRL OP(MD) No.15869 of 2015 Date :31/08/2015 PBK/GSV-PM/SAR-II 03/09/2015 ::2P-5C::
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