Ramesh @ Navarethinam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6226 of 2015 RAMESH @ NAVARETHINAM ... PETITIONER/ACCUSED NO.3 Vs STATE REP BY THE INSPECTOR OF POLICE THANKACHIMADAM POLICE STATION, RAMANATHAPURAM DISTRICT CRIME 61/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SAMUEL JAMES DEVASAGAYAM 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 is A3 and he was arrested on 10.10.2014 and remanded to judicial custody for the alleged offence punishable under section 8(c) r/w 20(b)(ii)(B) of NDPS Act and 5(i)(b) of Foreigner's Order 1948, in Crime No.61 of 2014 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 10.10.2014, the Inspector of Police, Q Branch CID was conducting raid and at that time, the accused were found in possession of 8 kgs of Ganja and two cell phones, Indian money of Rs.8,500/- and Srilankan money of Rs.10,110/-.

3.The learned counsel for the petitioner submitted that the petitioner is a Srilankan national and he came to India on repatriate in 1990 and he has been residing in Kumidipoondi Refugees Camp. It is further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 4.The learned Government Advocate (Criminal side) submitted that the contraband of 8 Kgs of Ganja was recovered from A1 and one cell phone and the Indian money was recovered from the petitioner. 5.The learned Government Advocate (Criminal side) further opposed the bail application stating that the petitioner is a Srilankan nation.

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6.However, considering the allegation made against the petitioner and also considering the fact that the petitioner is a Srilankan repatriate and residing in India, since 1990 and the petitioner is in jail for more than 170 days, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail, on his executing a personal 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 and Sessions Judge/Presiding Officer, Special Court for E.C. and NDPS Act Cases, Pudukkottai and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. and 05.00 p.m. until further orders.

sd/- 16/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER, SPECIAL COURT FOR E.C. AND NDPS ACT CASES, PUDUKKOTTAI 2 THE OFFICER-IN-CHARGE,PULAL PRISON, CHENNAI 3 THE INSPECTOR OF POLICE THANKACHIMADAM POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SAMUEL JAMES DEVASAGAYAM Advocate SR.No.19038

ORDER

IN CRL OP(MD) No.6226 of 2015 Date :16/04/2015 NA/16/04/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/