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Madras High CourtCRL OP(MD)/3969/2019allowed

Paraman v. Intelligence Officer

2019-03-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of March Two Thousand Nineteen PRESENT THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD) No.3969 of 2019 1 PARAMAN 2 PANDIAN ... PETITIONERS/ ACCUSED 1 & 2 Vs STATE REP.BY INTELLIGENCE OFFICER NCB, MADURAI.

F.NO.48/1/03/2017 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.B.PANDIARAJAN, Advocate For Respondent : Mr.ARUL VADIVEL @ SEKAR, Special Public Prosecutor for NCB cases PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- This bail petition stands withdrawn insofar as the first petitioner Paraman is concerned.

2.The second petitioner is in custody since 23.06.2017 for the offences under Sections 8(c) r/w 20(b)(ii)(C), 27, 28 and 29 of NDPS Act, 1985, in F.No.48/1/03/2017 on the file of the respondent police. He seeks bail.

3.The learned counsel for the petitioner states that the second petitioner's child is having a ear-boring function on 18.03.2019 at Usilampatti between 6.00 p.m., and 7.25 p.m. The second petitioner seeks interim bail so as to enable him to attend the same. 4.The learned Standing Counsel appearing for the respondent opposes the said prayer.

5.I am of the view that considering the special facts and circumstances obtaining in this case, the second petitioner can be granted interim bail for exactly 24 hours from 11.00 a.m., on 18.03.2019 to 11.00 a.m., on 19.03.2019.

6.Since the case involves commercial quantity and this Court has declined his earlier bail application, I am of the view that the petitioner can be permitted to go out on temporary bail only under https://hcservices.ecourts.gov.in/hcservices/

escort. The Superintendent of Prison, Central Prison, Madurai is directed to finalise the number of escort police. The petitioner will have to bear the said cost.

7.This Criminal Original Petition is allowed on these terms. sd/- 15/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-III) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. INTELLIGENCE OFFICER NCB, MADURAI.

2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

3. THE SPECIAL PUBLIC PROSECUTOR FOR NCB CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.B.PANDIARAJAN, Advocate SR.No.4976 +1CC TO Mr.C.ARUL VADIVEL @ SEKAR, Advocate, Sr No.4988

ORDER

IN CRL OP(MD) No.3969 of 2019 Date :15/03/2019 MS/VR/SAR-3/15.03.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/