Suresh@Suresh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18306 of 2015 SURESH @ SURESH KUMAR ... PETITIONER / ACCUSED RANK NOT KONWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMNAD DISTRICT.

(IN CRIME NO. 63 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.KARUNANIDHI Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the accused in Crime No.63 of 2014 for the offences punishable under Section 8(c) r/w 20(b)(ii)(c) and Section 25 of NDPS Act, 1985 on the file of the respondent Police, was arrested and remanded to judicial custody on 15.07.2015. He seeks bail.

2.The prosecution case is that the accused were found in possession of 102 kgs Ganja on 23.09.2014.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely roped in this case based on the confession of the co-accused. 4.It is further submitted that except this petitioner accused Nos.1 to 4 were released on bail by the High Court and Sessions Court.

5.The learned Government Advocate (Crl.side) appearing for the respondent Police has filed a counter affidavit stating that if the petitioner / accused is released on bail, there is every possibility of the petitioner to escape to Srilanka. It is further submitted that as per Section 37 of NDPS Act, the petitioner is not entitled for granting bail. It is also submitted that the petitioner has no bad antecedent.

https://hcservices.ecourts.gov.in/hcservices/ 6.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent.

7.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail 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 Additional District Judge / Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai, and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 pm., until further orders.

sd/- 29/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE PRESIDING OFFICER, SPECIAL COURT FOR EC AND NDPS ACT CASES PUDUKOTTAI. 2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMNAD DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, RAMNAD.

+1. CC to M/S.R.KARUNANIDHI Advocate SR.No.57054

ORDER

IN CRL OP(MD) No.18306 of 2015 Date :29/09/2015 rg.29.09.2015/GSV/PM/SAR-II. 2P/6C https://hcservices.ecourts.gov.in/hcservices/