Nagamalaiyan 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) Nos.7189 & 7190 of 2015 NAGAMALAIYAN ... PETITIONER / ACCUSED NO.1 CRL OP(MD)No.7189 of 2015 1 CHINNASAMY 2 PETCHIAMMAL ... PETITIONERS / ACCUSED NOS.2 & 3 CRL OP(MD)No.7190 of 2015 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NIBCID, MADURAI, MADURAI DISTRICT, ... RESPONDENT / COMPLAINANT CRIME NO.53 OF 2015 IN BOTH PETITIONS For Petitioner : M/S.M.RAMU, Advocate in both petitions For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) in both petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are A1 to A3 and they were arrested on 16.03.2015 and remanded to judicial custody for the alleged offences punishable under sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.53 of 2015 on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that A2 and A3 handed over 10 kgs of Ganja to A1.

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 since https://hcservices.ecourts.gov.in/hcservices/ 16.03.2015.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the investigation is almost over and no previous case is pending against the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are in jail since 16.03.2015, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on each of them 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 of Principal Special Court for EC & NDPS Act Cases, Madurai and on further condition that the petitioners 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 JUDGE OF PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, NIBCID, MADURAI, MADURAI DISTRICT, 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE OFFICER IN-CHARGE, SUB-JAIL, NILAKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CCs to M/S.M.RAMU, Advocate SR.No.19392 & 19393. ORDER IN CRL OP(MD) Nos.7189 & 7190 of 2015 Date :17/04/2015 msm 17.04.2015 p2/8c https://hcservices.ecourts.gov.in/hcservices/