Ramanan v. The Inspetor Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.7701 of 2019 RAMANAN ... PETITIONER /SOLE ACCUSED Vs STATE REP. BY THE INSPETOR OF POLICE, VELIPALAYAM POLICE STATION, NAGAPATTINAM DISTRICT, CRIME NO.168/2019 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.A.EBENEZER Advocate For Respondent : Mrs.M.ANANTHA DEVI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- This petition has been filed by the Accused seeking bail for the alleged offence under Section 8(c), 20(b)(ii)(B) of NDPS Act

2. Heard both sides

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that even as per the First Information Report, the petitioner was found in possession of 1.100kg of Ganja and the said quantity comes under the category of intermediate quantity . He further submitted that the petitioner is in custody from 14.05.2019. Hence he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) has submitted that the petitioner is found in possession of 1.100kg of Ganja and he is arrested and remanded to judicial custody. She would further submit that investigation is still pending. She would also submit that the quantity involved comes under the category of intermediate quantity. She fairly conceded that there is no previous case is pending against the petitioner.

5. Considering the fact and circumstance of the case and even as per the First Information Report, the petitioner was found in

possession of 1.100kg of Ganja and the said quantity comes under the category of intermediate quantity and also considering the fact that the petitioner is in custody from 14.05.2019 and also considering the fact that the there is no case pending against the petitioner,this Court is inclined to grant bail to the petitioner by imposing conditions.

[a] 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 Judicial Magistrate No.II, Nagapattinam. [b] the petitioner shall report before the Respondent Police, daily at 10.30 AM for a period of One Month and thereafter, as and when required for the interrogation.

[c] the petitioner shall not abscond either during investigation or trail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trail.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trail 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/Trail Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 07/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE No.II, NAGAPATTINAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, NAGAPATTINAM.

3 THE INSPETOR OF POLICE, VELIPALAYAM POLICE STATION, NAGAPATTINAM DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, NAGAPATTINAM.

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

+1. CC to M/S.T.A.EBENEZER Advocate SR.No. 9228

ORDER

IN CRL OP(MD) No.7701 of 2019 Date :07/06/2019 JM/VR/SAR 3/07.06.2019/3P/7C