Poongodi, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3729 of 2018 POONGODI ... PETITIONER / ACCUSED No.3 Vs THE INSPECTOR OF POLICE, SINDHUPATTI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.24 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THANDAYUTHAPANI Advocate For Respondent : M/s.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as A-3 in Crime No. 24/2018 of Sindhupatti Police Station, for the alleged offences under Sections 8(c), read with 20(b) (ii) (B) of NDPS Act, she has filed this application for grant of bail.

2.The case of the prosecution is that on 28.01.2017, the respondent police conducted a raid in the Nattarmangalam Village and found 10.240 kg of Ganja transported by the petitioner and other accused. Hence, the respondent police registered a case as against the petitioner and other accused and the petitioner was arrested on 12.02.2018.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that based on the confession statement of A1, this petitioner has been implicated as accused in this case.

4.The learned Additional Public Prosecutor submitted that totally there are three accused in this case. This petitioner arrayed as A1 and she is arrested and remanded to judicial custody on 28.01.2018. According to him, investigation is still pending. 5.The submissions made by the learned counsel appearing on either side are considered. The respondent police has registered a

case against three persons in Crime No.24 of 2018, in which, the petitioner added as third accused. Now, the petitioner was arrested and remanded to judicial custody on 12.02.2018. According to the case of the prosecution, the petitioner ran away from the scene of occurrence at the time of arresting the other accused. Moreover, 10.800 kgs of ganja ie., contraband materials were recovered. Considering the quantity which was possessed by the other accused shows that the petitioner and other accused are having got about the materials which is to be considered under the category of small quantity. Even though the investigation is pending, considering the period of incarceration of the petitioner, further custodial interrogation may not necessary for completing the investigation. 6.Considering the above facts and circumstances, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

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

(ii)the petitioner is directed to appear before the respondent police daily at 10.00 a.m. and 05.00 p.m., until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 09/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT COURT, MADURAI.

2.THE INSPECTOR OF POLICE, SINDHUPATTI POLICE STATION, MADURAI DISTRICT.

3.THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.S.SELVAKUMAR, Advocate SR.No.3796

ORDER

IN CRL OP(MD) No.3729 of 2018 Date :09/03/2018 LS JM/SKN RSK/SAR 4/09.03.2018/3P/6C