Madras High CourtCRL OP(MD)/1594/2015allowed

Jambi Suresh @ v. The Inspector Of Police

2015-02-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1594 of 2015 JAMBI SURESH @ SANKARALINGAM ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE VILLUPURAM TOWN POLICE STATION, VILLUPURAM DISTRICT.

CRIME NO.388/2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 23.11.2014 for the offences punishable under Sections 8(c) r/w 20(b) of NDPS Act in Crime No.388 of 2014 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was arrested on 23.11.2014 and was found in illegal possession of 1.250 kgs of Ganja and the contraband has been recovered.

3. It is represented by the learned Government Advocate (Crl. Side) that there an four previous case against the petitioner and one case is under the NDPS Act and the other cases are registered for IPC offences. Under such circumstances, I am inclined to grant bail to this petitioner.

4. 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 Additional District and Sessions Judge and Special Judge, Under EC Act cases, Thanjavur District, and on further condition that: [a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned 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 learned 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].

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[e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether these petitioner is complying with the condition or not. sd/- 05/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, UNDER EC ACT CASES, THANJAVUR DISTRICT.

2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE INSPECTOR OF POLICE,VILLUPURAM TOWN POLICE STATION, VILLUPURAM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.5541 ORDER IN CRL OP(MD) No.1594 of 2015 Date :05/02/2015 PBK 06/02/2015 ::2P-6C:

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