Murugan 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.7186 of 2015 1 MURUGAN 2 MANIKANDAN ... PETITIONERS/ACCUSED 1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE NIBCID, SIVAGANGAI, CRIME NO.13/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR 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 petitioners are A1 and A2 and they were arrested on 22.03.2015 and remanded to judicial custody for the alleged offence punishable under section 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.13 of 2015 on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that the petitioners were found in possession of 10 kgs of Ganja.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners have been in judicial custody from 22.03.2015. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the investigation is almost over and the first petitioner/A1 was already detained as 'Goonda' under Tamil Nadu Act 14 of 1982 and the 2nd petitioner/A2 has previous case of similar nature. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the 2nd petitioner alone with certain https://hcservices.ecourts.gov.in/hcservices/ conditions. In respect of the first petitioner, the learned Government

Advocate (Criminal side) submitted that the first petitioner/A1 was already detained under Tamil Nadu Act 14 of 1982, this petition is dismissed as against him.

6.Accordingly, the 2nd 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 2nd petitioner shall report 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 AND SESSIONS JUDGE/PRESIDING OFFICER, SPECIAL COURT FOR E.C AND NDPS ACT CASES, PUDUKKOTTAI. 2 THE SUPERINTENDENT CENTRAL PRISON,TRICHY.

3 THE INSPECTOR OF POLICE NIBCID, SIVAGANGAI.

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

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.19672

ORDER

IN CRL OP(MD) No.7186 of 2015 Date :17/04/2015 PA/17.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/