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Madras High CourtCRL OP(MD)/7373/2015ordered

Raja@Ajith Raja v. The Sub Inspector Of Police

2015-04-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.7373 & 7374 of 2015 RAJA @ AJITH RAJA ... PETITIONER / ACCUSED NO.1 IN CRL OP(MD)No.7373 of 2015 ASAIKANNAN ... PETITIONER / ACCUSED NO.2 IN CRL OP(MD)No.7374 of 2015 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE, NIBCID, DINDIGUL DISTRICT.

... RESPONDENT / COMPLAINANT [CRIME NO.36 OF 2015] IN CRL OP(MD)No.7373 of 2015 THE STATE REP.BY THE INSPECTOR OF POLICE, NIBCID, DINDIGUL DISTRICT.

... RESPONDENT / COMPLAINANT [CRIME NO.36 OF 2015] IN CRL OP(MD)No.7374 of 2015 For Petitioner : M/S.S.I.A.K.BAGADURSHA, Advocate IN BOTH PETITIONS For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) IN BOTH PETITIONS PETITION FOR BAIL Under Sec.439 Cr.P.C.IN CRL OP(MD)No.7373 of 2015 PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. IN CRL OP(MD)No.7374 of 2015 ORDER : The Court Made the following order :- The petitioner in Crl.O.P(MD)No.7373 of 2015 is A1 and he was arrested on 14.03.2015 and remanded to judicial custody and the petitioner in Crl.O.P(MD)No.7374 of 2015 is A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 8(c) r/w 20(b)(ii)(B) and section 25 of NDPS Act, in Crime No.36 of 2015 on the file of the respondent police and hence, seeks bail and anticipatory bail respectively. 2.The case of the prosecution is that the petitioners were found in possession of 8 kgs of Ganja.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) submitted that the investigation is almost over and no previous case is pending against the petitioners.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner in Crl.O.P(MD) No.7373 of 2015 and anticipatory bail to the petitioner in Crl.O.P (MD)No.7374 of 2015 with certain conditions.

6.Accordingly, the petitioner in Crl.O.P(MD)No.7373 of 2015 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 Judge District Judge, Principal Special Court for E.C 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.

7.The petitioner in Crl.O.P(MD)No.7374 of 2015 is ordered to be released on bail in the event of arrest or on his appearance before the learned learned Additional District Judge, Principal Special Court for E.C and NDPS Act cases, Madurai and on his 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 Judge concerned 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. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT JUDGE, PRINCIPAL SPECIAL COURT FOR E.C. AND NDPS ACT CASES, MADURAI. 2 THE SUB INSPECTOR OF POLICE, NIBCID, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, NIBCID, DINDIGUL DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CCs to M/S.S.I.A.K.BAGADURSHA, Advocate SR.No.20313 & 20314. ORDER IN CRL OP(MD) Nos.7373 & 7374 of 2015 Date :21/04/2015 msm 21.04.2015 p2/8c https://hcservices.ecourts.gov.in/hcservices/