Ravi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6115 of 2015 RAVI ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE DINDIGUL NIB CID POLICE STATION, DINDIGUL DT CRIME NO.110 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as the sole accused in Crime No.110 of 2014 on the file of the respondent police was arrested and remanded to judicial custody on 21.09.2014 for the alleged offences punishable under section 8(C) r/w. 20(b)(ii)(C) and section 25 of NDPS Act, and hence, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of 23 kgs of Ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been in judicial custody for more than 190 days. He further submitted that the petitioner was arrested on 21.09.2014, however, the respondent police laid charge sheet only on 20.03.2015, which falls on 181th days from the date of arrest. Therefore, the petitioner is entitled to be released in this case.

4.The learned Government Advocate (Criminal side) submitted that the investigation is over and the respondent has also filed charge sheet in this case and he has not disputed the contention raised by the learned counsel for the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner has been in judicial custody for more than 190 days, this Court is inclined to grant bail to the petitioner with certain conditions.

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

6.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 Judge of Principal Special Court for EC and NDPS Act Cases, Madurai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m and 05.00 p.m. until further orders. sd/- 17/04/2015 / 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 CASES, MADURAI.

2.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 4.THE INSPECTOR OF POLICE DINDIGUL NIBCID POLICE STATION, DINDIGUL DISTRICT. +1. CC to M/S.S.M.A.JINNAH Advocate SR.No.19454

ORDER

IN CRL OP(MD) No.6115 of 2015 Date :17/04/2015 rg.20.04.2015 2p.6c.

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