Madras High CourtCRL OP(MD)/7071/2015ordered

Subbiah v. The Inspector Of Police

2015-04-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7071 of 2015 SUBBIAH ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. 123 OF 2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.KALAIYARASI BHARATHI, Advocate for M/S.UDHAYA LAW ASSOCIATES 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 the sole accused in Crime No.123 of 2015 on the file of the respondent police was arrested and remanded to the judicial custody by the respondent police on 27.03.2015 for the alleged offence under Section 8(c) r/w 20(b), (ii), (a), of NDPS Act, 1985 and hence seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 1.100 kgs of ganja on 27.03.2015.

3. The learned counsel for the petitioner submitted that the petitioner is a senior citizen aged about 75 years and he has been falsely implicated in this case for statistical purpose. He further submitted that the petitioner is an innocent person and he has not committed any offence.

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4. The learned Government Advocate(Crl. Side) on instructions submitted that the petitioner is having nine previous cases of similar nature.

5. However, considering the period of incarceration, I am inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed 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 and Sessions Judge/Presiding Officer, Special Court for E.C. and NDPS Act cases, Pudukottai, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m and 5.00 p.m. until further orders.

sd/- 28/04/2015 / 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 EC AND NDPS ACT CASES, PUDUKOTTAI. 2 THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.UDHAYA LAW ASSOCIATES, Advocate SR.No.22993. ORDER IN CRL OP(MD) No.7071 of 2015 Date :28/04/2015 msm 28.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/