Madras High CourtCRL OP(MD)/3484/2015allowed

Chinnammal v. The Inspector Of Police

2015-03-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3484 of 2015 CHINNAMMAL ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THIRUVARAMBUR POLICE STATION, TRICHY DISTRICT.

CRIME NO.15/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ALAGUMANI, Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who was arrested and remanded to judicial custody on 05.01.2015 for the offence punishable under Sections 8(c) r/w 20(b)(ii) and B of NDPS Act in Crime No.15 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 1.100 kgs of Ganja.

3. Heard the learned counsel for the petitioner.

4. The learned Government Advocate (crl. Side) submits that the contraband was seized. Considering the quantity of contraband and the petitioner is in incarceration since 05.01.2015, this Court is inclined to grant bail to him, but with conditions.

5. 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 learned Additional District and Sessions Judge, Presiding Officer Special Court for E.C. And NDPS Act cases Court, Pudukottai, and on further condition that:

[a] the petitioner shall report before the respondent police everyday daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

[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 a compliance report to the office of the learned Government Advocate, as to whether these petitioner is complying with the condition or not.

sd/- 02/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, SPECIAL COURT FOR EC AND NDPS ACT CASE COURT, PUDUKKOTTAI. 2 THE INSPECTOR OF POLICE, THIRUVARAMBUR POLICE STATION,TRICHY DT. 3 THE OFFICER IN-CHARGE, SPECIAL CENTRAL PRISON FOR WOMEN, TRICHY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ALAGUMANI, Advocate SR.No.9831. ORDER IN CRL OP(MD) No.3484 of 2015 Date :02/03/2015 msm 02.03.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/