Madras High CourtCRL OP(MD)/9443/2015ordered

Pandy v. The Inspector Of Police

2015-06-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9443 of 2015 PANDY ..PETITIONER/ACCUSED (SOLE) Vs.

STATE REP.BY THE INSPECTOR OF POLICE NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

CR.NO.169/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.CHANDRASEKARAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as the sole accused in Crime No.169 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 01.05.2015 for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(B) and 25 of Narcotics Drugs and Psychotropic Substance Act, and hence, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of 4 kgs of ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the contraband was seized by the respondent police and the contraband is within the limit of less than commercial quantity.

4.The learned Government Advocate (crl.side) would submit that the petitioner has no previous case.

5.However, considering the facts and circumstances of the case and also considering the fact that the petitioner was found in possession of 4 kgs of ganja, which is within the limit of less than commercial quantity, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on executing a personal 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 Court Principal Special Court for EC and NDPS Act Cases, Madurai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 03/06/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE ADDITIONAL DISTRICT COURT PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI.

2 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, NILAKOTTAI POLICE STATION, DINDIGUL, 5 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL. +1. CC to M/S.M.SIVA SANKAR, Advocate SR.No.27115 ORDER IN CRL OP(MD) No.9443 of 2015 Date :03/06/2015 PBK/SJW 03/06/2015 ::2P-7C:

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