Mahendran@ Koku Mahendran v. The State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17668 of 2015 MAHENDRAN@ KOKU MAHENDRAN ... PETITIONER/ACCUSED NO.8 Vs THE STATE REP BY THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, (IN CR. NO. 390/2015) RAMANATHAPURAM DISTRICT ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S M.SUBASH BABU ADVOCATE FOR RESPONDENT : MRS.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 an accused No.8, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) r/w 20(b)(1)(B) NDPS Act, in Crime No.390 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 5 Kgs of Ganja.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he prays for anticipatory bail in favour of the petitioner.

4.The learned Government Advocate (Crl.side) submitted that the the petitioner is having one previous case of IPC offence. 5.Considering the nature of allegations made against the petitioner and quantity of the Ganja, 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 arrest or on his appearance before the learned Judicial Magistrate No.II, Ramanthapuram 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 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/- 15/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR O F POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT

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

+1. CC to M/S M.SUBASH BABU Advocate SR.No. 54927

ORDER

IN CRL OP(MD) No.17668 of 2015 Date :15/09/2015 2P/6C TE/JGB-DP/SAR-I 18/09/2015 https://hcservices.ecourts.gov.in/hcservices/