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Madras High CourtCRL OP(MD)/5324/2015ordered

Pramila v. The Sub Inspector Of Police

2015-03-31Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.5324 of 2015 PRAMILA ... PETITIONER/ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

CR. NO. 106/2015.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUNIYANDI 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 21.02.2015 for the offence punishable under Section 8(c) r/w 20(b) (ii)(B) of NDPS Act, in Crime No.106 of 2015, on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that this petitioner was apprehended with 3.100 Kilograms of Ganja on 21.02.2015 and she is in incarceration since then. The property has been recovered.

3. It is represented by the learned Government Advocate (Criminal side) that three previous cases are pending against the petitioner, but they are of the year 2009.

4. Since the petitioner is in jail from 21.02.2015, this Court is of the view that it is a fit case to grant bail to this petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on her 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 Additional District Munsif/Principal Special Court & NDPS Act Cases, https://hcservices.ecourts.gov.in/hcservices/ Madurai and on further condition that:

[a] the petitioner shall appear before the respondent police daily

at 10.30 a.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 a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.

sd/- 31/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT MUNSIF/ PRINCIPAL SPECIAL COURT & NDPS ACT CASES, MADURAI.

2 THE OFFICER INCHARGE, SUB JAIL,NILAKKOTTAI.

3 THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.16042

ORDER

IN CRL OP(MD) No.5324 of 2015 Date :31/03/2015 PA/31.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/