Muniyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16778 of 2015 MUNIYAMMAL ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

(IN CRIME NO. 283 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.UDHAYAKUMAR Advocate For Respondent : M/S.S.PRABHA,Govt. 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, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(C) r/w 20(b)(ii)(B) of the NDPS Act, in Crime No.283 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in possession of 1100 grams of ganja.

3.The learned counsel for the petitioner submitted that the petitioner is implicated based on the confession of the first accused and the first accused was arrested and released on bail by the Special Court. It is further submitted that the petitioner is a lady aged about 60 years and she has been falsely roped in this case.

4. The learned Government Advocate (Crl.side) vehemently opposed this petition contending that the petitioner is involved in five previous cases and the earlier application was dismissed on 05.08.2015. It is further submitted that the previous cases were also registered for similar quantities.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Special Court for NDPS Act at Madurai District and on 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 twice ie., 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.

7. 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/- 14/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT FOR NDPS ACT AT MADURAI 2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S R.UDHAYAKUMAR Advocate SR.No.54032

ORDER

IN CRL OP(MD) No.16778 of 2015 Date :14/09/2015 RG.15.09.2015/GSV/PM/SAR-II 2P/5C.

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