← Library
Madras High CourtCRL OP(MD)/5325/2015allowed

Ayyampillai v. The Inspector Of Police

2015-03-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5325 of 2015 AYYAMPILLAI ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE NIB-CID, MADURAI, CR. NO. 180/2014. ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.RAMU for M/S. G. MATHAVAN Advocate For Respondent : MR.P.KANDASAMY, 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 21.09.2014 for the offences punishable under Sections 8 (c) r/w.20(b)(ii)(C) and 25 of NDPS Act in Crime No.180 of 2014 on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side).

3. It is seen that this petitioner was arrested by the respondent police on 21.09.2014 for his alleged involvement in the aforesaid offences for the possession of 22 Kgs of Ganja. The petitioner is in incarceration till date i.e. for 184 days. Final report has not been filed by the police nor any petition for extention of time has been filed by the police.

4. Under such circumstances, the petitioner is entitled to compulsory bail and 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 tothe satisfaction of the learned Additional District Judge of Principal Special Court for EC & NDPS Act Cases, Madurai. [a] the petitioner shall report before the respondent police daily at 06.30 p.m. until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. sd/- 24/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE OF PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASE, MADURAI 2 THE INSPECTOR OF POLICE NIB-CID, MADURAI, CR. NO. 180/2014. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. G. MATHAVAN Advocate SR.No.14338

ORDER

IN CRL OP(MD) No.5325 of 2015 Date :24/03/2015 NA/25/03/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/