Pandi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.1842 of 2015 PANDI ... PETITIONER/ACCUSED NO.2 Vs STATE.REP.BY THE SUB INSPECTOR OF POLICE THENI POLICE STATION, THENI DT, CRIME NO.39/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUNIYANDI 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 10.01.2015 for the offence punishable under Section 8(c) r/w 20(b)(ii) (B) and 25 of NDPS Act in Crime No.39 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in possession of 8kg of ganja and was arrested on 10.01.2015.

3. Heard the learned Counsel for the petitioner.

4. The learned Government Advocate (Crl.side) would submit that no previous case has been registered as against this petitioner and the contraband has already been seized. It is also represented that A.1 was released on bail by this Court in Crl.O.P.(MD)No.1631 of 2015 on 02.02.2015.

5. Taking into consideration the facts and circumstances of the case, I am inclined to grant bail to this petitioner. https://hcservices.ecourts.gov.in/hcservices/

6. 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 Additional District Judge for Principal Special Court for EC & NDPS Act cases, Madurai and on further condition that: [a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 06.30p.m. 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 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]. (e) The Inspector of Police concerned is directed to send compliance report to the Office of the learned Government Advocate (Crl.side), whether this petitioner is complying with the order or not. sd/- 04/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE FOR PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI. 2 THE SUB INSPECTOR OF POLICE THENI POLICE STATION, THENI DT.

3 THE SUPERINTENDENT, CENTRAL PRISON,MADURAI. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.5166 ORDER IN CRL OP(MD) No.1842 of 2015 Date :04/02/2015 PA/05.02.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/