Gnanasoundari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5297 of 2015 GNANASOUNDARI ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE AMBATHURAI POLICE STATION, DINDIGUL DT, CRIME NO.52/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.SEEMARAJ Advocate For Respondent : MR.A.P.BALASUBRAMANI 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 21.02.2015, for the offence punishable under Section 8(C) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.52 of 2015, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein was arrested for possessing one kilogram of kanja and the said contraband has been seized and submitted to the Court concerned. It is represented that the petitioner is in incarceration from 21.02.2015.

3. The learned Government Advocate [Criminal Side] for the respondent submitted that there are three previous cases against the petitioner.

4. Taking into consideration the quantity of the contraband, this Court is inclined to grant bail to the petitioner. 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 Principal Special Court for EC & NDPS Act Cases, Madurai and on further condition that:

[a] the petitioner shall report before the respondent police daily at 06.30 p.m. for a period of four weeks and thereafter as and when required for interrogation.

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[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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.

sd/- 30/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI 2 THE OFFICER-IN-CHARGE, SUB-JAI, NILAKOTTAI 3 THE INSPECTOR OF POLICE AMBATHURAI POLICE STATION, DINDIGUL DT, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.K.SEEMARAJ Advocate SR.No.15517 & 12695

ORDER

IN CRL OP(MD) No.5297 of 2015 Date :30/03/2015 NA/30/03/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/