Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.3026 of 2015 KANNAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE KAMBAM NORTH POLICE STATION, KAMBAM, THENI DT, CRIME NO.54/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.BABU JAGANATH Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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 25.01.2015 for the offence punishable under Section 8(c) r/w 20(b)(ii) (B) of NDPS Act in Crime No.54 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner was in possession of 12 Kilograms of Ganja and he was apprehended on 25.01.2015 and he is in incarceration since then.

3. Taking into consideration the fact that the contraband has been seized and there are no previous cases against the petitioner, I am inclined to grant bail to this petitioner.

4. 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 the Special District Judge, Madurai(NDPS Court, Madurai) and on further condition that:

https://hcservices.ecourts.gov.in/hcservices/ [a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30 p.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 the petitioner is complying with the order or not. sd/- 04/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KAMBAM NORTH POLICE STATION, KAMBAM, THENI DT. 2 THE SPECIAL DISTRICT JUDGE, MADURAI(NDPS COURT, MADURAI) THE SUPERINTENDENT, CENTRAL PRISON,MADURAI.

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

+1. CC to M/S.R.BABU JAGANATH Advocate SR.No.10211

ORDER

IN CRL OP(MD) No.3026 of 2015 Date :04/03/2015 PA/05.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/