Pandirajan v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16437 of 2015 PANDIRAJAN ..PETITIONER/ACCUSED NO.6 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE, NIBCID POLICE STATION, THENI DISTRICT.

(IN CR NO 95/2014) ..RESPONDENT/COMPLAINANT For Petitioner : M/S B.PANDIARAJAN 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 accused No.6, 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, 1985 in Crime No.95 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused was found in possession of 200 kgs. of ganja.

3. The learned counsel for the petitioner submitted that the petitioner is implicated based on the confession of A1 and even in the confession, it is stated that without the knowledge of the petitioner, the other accused have hired the vehicle and transported the contraband on 08.06.2014 and 19.06.2014.

4. The learned Government Advocate (Crl.side) submitted that the accused 1 and 2 were already arrested and released on bail and the other accused are at large and the petitioner has no bad antecedent. It is further submitted that the investigation has been completed and charge sheet has also been filed and it is taken on file in C.C.No.246 of 2014.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the Special Court for EC and 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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6. 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/- 07/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI. 2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE SUB INSPECTOR OF POLICE, NBICID POLICE STATION, THENI DISTRICT. +1. CC to M/S B.PANDIARAJAN Advocate SR.No.52653 ORDER IN CRL OP(MD) No.16437 of 2015 Date :07/09/2015 PBK/AAL-MPA/SAR-II 10/09/2015 ::2P-5C::

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