Nathiya v. The Inspector Of Police

CRL OP(MD). No.2851 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2851 of 2020 Nathiya, ... Petitioner/Accused No.1 Vs State represented by The Inspector of Police, Velipalayam Police Station, Velipalayam,Nagapattinam, Crime No.399 of 2019.

... Respondent/Complainant For Petitioner : M/s.R.Karunanidhi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.399 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 20.12.2019 for the offences under Section 8(c) r/w. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.399 of 2019 on the file of the respondent police. Hence, she seeks bail.

3. The petitioner was in possession of 4.400 kgs of ganja. The petitioner is having one previous case.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2851 of 2020

4. Since the petitioner is a lady and the quantity involved in this case is intermediate, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; (i) the petitioner shall execute 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 Additional District and Sessions Court, Special Court EC and NDPS Act Cases, Thanjavur. (ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation.

(iii) 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]. sd/- 20/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT EC AND NDPS ACT CASES, THANJAVUR.

2. THE OFFICER INCHARGE, SUB JAIL FOR WOMEN, THIRUVARUR.

3. THE INSPECTOR OF POLICE, VELIPALAYAM POLICE STATION, VELIPALAYAM,NAGAPATTINAM.

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

+1. CC to MR.R.KARUNANIDHI Advocate SR.No.3657

ORDER

IN CRL OP(MD) No.2851 of 2020 Date :20/02/2020 IAS AE/JC/SAR-II (21.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2