Ahsiq Khan, M/A, 22 Years v. The Sub- 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.5906 of 2015 AHSIQ KHAN ..PETITIONER/ACCUSED No.4 Vs.
STATE REP.BY THE SUB- INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT, (CRIME NO.123 OF 2015).
..RESPONDENT/COMPLAINANT For Petitioner : M/S.M.PITCHAI MUTHU Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested on 12.03.2015 and remanded to judicial custody on 13.03.2015, 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.123 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 five kilograms of Ganja and the said contraband has been seized and submitted to the Court concerned. It is represented that the petitioner is in incarceration from 13.03.2015.
3. Taking into consideration of the above, 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.
[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].
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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.) TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC & NDPS ACT CASES, MADURAI. 2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE SUB- INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.
+1. CC to M/S.M.PITCHAI MUTHU Advocate SR.No.15983 ORDER IN CRL OP(MD) No.5906 of 2015 Date :30/03/2015 PBK 31/03/2015 ::2P-6C:
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