Bhuvaneshmani@Buneshmani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16521 of 2015 BHUVANESHMANI @ BUNESHMANI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ARALVAIMOLI POLICE STATION, KANYAKUMARI DISTRICT.

(CR.NO. 225 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.JEGADEESH PANDIAN Advocate For Respondent : M/S.S.Prabha Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1 in Crime No.225 of 2015 on the file of the respondent police, was arrested on 10.06.2015 for the alleged offences under Section 8(c) r/w. 20(b)(ii)(B) of NDPS Act and hence, seeks bail.

2. According to the prosecution that on 10.06.2015, while the respondent police was on a vehicle check up, the first accused was found in possession of 5 kgs. of ganja and on his confession, the respondent has recovered 92 kgs. of ganja from the accused 2 to 4.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely roped in this case and it is further submitted that he has been in judicial custody for more then 130 days for possession of 5 kgs. of ganja.

4. The learned Government Advocate (Crl.side) vehemently opposed the bail petition contending that the petitioner has involved in 12 previous cases of similar nature and he is a history sheeter in H.S.No.300 of 2011 and he was also detained under Act 14 of 1982.

5. Considering the period of incarceration and quantity said to have been possessed by the accused, this Court is inclined to grant bail to the petitioner with certain conditions. 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 Principal Special Court for EC and NDPS Cases, Madurai and on further condition that the petitioner shall https://hcservices.ecourts.gov.in/hcservices/

reside at Trichy and report before the Chatiram Police Station twice a day at 10.00 a.m. and 5.00 p.m. for a period of 60 days and thereafter as and when required by the respondent police.

sd/- 28/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL PRINCIPAL SPECIAL COURT FOR EC AND NDPS CASES, MADURAI.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, ARALVAIMOLI POLICE STATION, KANYAKUMARI DISTRICT.

5 THE OFFICER INCHARGE, CHATIRAM POLICE STATION, TRICHY. +1. CC to M/S. JEGADEESH PANDIAN, Advocate SR.No. TS/29.10.2015/2P-7C / NGM-SS/SAR -II

ORDER

IN CRL OP(MD) No.16521 of 2015 Date :28/10/2015 https://hcservices.ecourts.gov.in/hcservices/