Perumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.1713 of 2015 PERUMAL .. PETITIONER/ACCUSED Vs STATE.REP.BY THE INSPECTOR OF POLICE NIBCID, TRICHY, CRIME NO.67/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B. JAMEEL ARASU Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. 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 11.07.2014 for the offence punishable under Section 8(c) r/w 20(b)(ii) (B) of NDPS Act, in Crime No.67 of 2014 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner was in possession of 2.100 Kilograms of Ganja when he was apprehended by the police on 11.07.2014.

3. The learned Government Advocate (Criminal side) submits that the petitioner has one previous case. He was also detained under the Tamil Nadu Act 14 of 1982 and the detention order was set aside by this Court, by order dated 12.01.2015 in H.C.P.(MD)No.1085 of 2014. The learned Government Advocate (Criminal side) further submits that final report has not been filed in this case.

4. Since the quantity of Ganja is less than the commercial quantity, I am inclined to grant bail to the petitioner.

5. 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 Judicial Magistrate No.II, Trichy and on further condition that: [a] the petitioner shall report before the respondent police twice a day daily at 10:30 a.m., in the morning and 06:30 p.m., in the evening 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 https://hcservices.ecourts.gov.in/hcservices/

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]. sd/- 03/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICAIL MAGISTRATE NO.II, TRICHY.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE SUPERINTENDENT, CENTRAL PRISON,TRICHY.

4 THE INSPECTOR OF POLICE NIBCID, TRICHY.

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

+1. CC to M/S.B. JAMEEL ARASU Advocate SR.No.5025

ORDER

IN CRL OP(MD) No.1713 of 2015 Date :03/02/2015 PA/04.02.15/2P/7C https://hcservices.ecourts.gov.in/hcservices/