Sudha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18991 of 2015 SUDHA ... PETITIONER / ACCUSED No.5 Vs State through THE INSPECTOR OF POLICE NIB, SIVAGANGAI,SIVAGANGAI DISTRICT (CRIME NO. 45 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MAYAPERUMAL Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.5, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 8(c) read with 20(b)(ii)(c) of NDPS Act, 1995 in Crime No.45 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the prosecution, the accused Nos.1 to 4 have purchased 14 kgs of ganja from the fifth accused on 10.09.2015.

3. The learned counsel for the petitioner submitted that the petitioner is a lady and she has been falsely implicated in this case based on the confession of the accused Nos.1 to 4. He has further submitted that the petitioner has not committed any offence and she is an innocent.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is having one previous case in similar nature in Crime No.16 of 2015 and it ended in acquittal.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the Special Court for Essential Commodities and the Narcotic Drugs and Psychotropic Substances Act, Pudukottai 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 conditions stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/

7. 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/- 13/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT FOR ESSENTIAL COMMODITIES AND THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, PUDUKOTTAI 2 THE INSPECTOR OF POLICE NIB, SIVAGANGAI, SIVAGANGAI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.MAYAPERUMAL Advocate SR.No.60882 sm:sks-rr:SAR II:14.10.2015:2P/5c

ORDER

IN CRL OP(MD) No.18991 of 2015 Date :13/10/2015 https://hcservices.ecourts.gov.in/hcservices/