Madras High CourtCRL OP(MD)/8051/2015ordered

Kasi @ Oomakasi v. The Inspector Of Police

2015-04-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8051 of 2015 KASI @ OOMAKASI ... PETITIONER/ACCUSED No.3 Vs STATE REP.BY THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI.

CR. NO.724 OF 2009. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.SUGADEV Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(C) r/w. 20(b)(ii)(C) NDPS Act, in Crime No.724 of 2009 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was found in possession of 21 kgs of ganja.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.It is submitted by the learned Government Advocate (Crl.side) that A1 was already released on anticipatory bail by this Court on 31.08.2012 and the investigation has been completed and charge sheet has also been filed and the same has been taken on file in C.C.No.222 of 2012.

5.Considering the facts and circumstance of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Principal Special District Sessions Court for 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 Magistrate concerned and on further condition that the petitioner shall appear before the trial Court for all future hearing dates without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 30/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL DISTRICT SESSIONS COURT FOR NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI.

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

+1. CC to M/S.T.SUGADEV Advocate SR.No.24582

ORDER

IN CRL OP(MD) No.8051 of 2015 Date :30/04/2015 PA/05.05.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/