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Madras High CourtCRL OP(MD)/6289/2015ordered

M. Tamil Mani v. The Inspector Of Police

2015-04-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6289 of 2015 M.TAMIL MANI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NIB,CID, DINDIGUL DISTRICT.

CRIME NO.161/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.MUTHUSARAVANAN, Advocate For Respondent : M/S.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.161 of 2014 on the file of the respondent police, was arrested on 29.12.2014 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(c) of NDPS Act, and hence, seeks bail. 2.The case of the prosecution is that on 29.12.2014, the petitioner was found in possession of 28 kgs of ganja. 3.The learned counsel for the petitioner submitted that according to the prosecution, the petitioner was arrested on 29.12.2014 at 10.00 a.m and on the basis of confession, the respondent has recovered the contraband at 10.30 a.m., and thereafter, the case was registered at 03.00 p.m. However in the confession statement crime Number is mentioned, which would prove it is a false case.

https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Government Advocate (Crl.side) appearing for the respondent.

5.Similar fact, this Court in Crl.O.P.(MD).Nos.7228 and 13787 of 2014, has granted bail to the petitioner.

6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in Judicial custody from 29.12.2014, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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/- 15/04/2015 / 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 INSPECTOR OF POLICE, NIB, CID, DINDIGUL DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.MUTHUSARAVANAN, Advocate SR.No.18681. ORDER IN CRL OP(MD) No.6289 of 2015 Date :15/04/2015 msm 15.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/