Eswaramoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6531 of 2015 ESWARAMOORTHY ... PETITIONER / ACCUSED No.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE NIBCID, MADURAI CRIME NO.37/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.K.J.ASSOCIATES Advocate For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is A2 and he was arrested and remanded to judicial custody on 26.02.2015 for the alleged offences punishable under sections 8 (c) r/w 20(b)(II)(B) and section 25 of NDPS Act, in Crime No.37 of 2015 on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner/A2 along with the other two accused persons was found in possession of 19 kgs of Ganja. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner is in jail for more than 35 days. He further submitted that A1 was granted bail by this court in Crl.O.P(MD)No.6312 of 2015, dated 07.04.2015. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the investigation is almost over and there is no previous case against the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in jail since 26.02.2015, this Court is inclined to grant bail to the petitioner with certain conditions. 6.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 Judge, Principal Special Court for EC and NDPS Act cases, Madurai 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/- 09/04/2015 https://hcservices.ecourts.gov.in/hcservices/ / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO 1 THE ADDITIONAL DISTRICT JUDGE, PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASED, MADURAI.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, NIBCID, MADURAI. +1. CC to M/S.K.J.ASSOCIATES Advocate SR.No. 18066. TS/09.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.6531 of 2015 Date :09/04/2015 https://hcservices.ecourts.gov.in/hcservices/