Dineshpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8057 of 2015 DINESHPANDI ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE NIBCID, DINDIGUL, DINDIGUL DISTRICT.

CR.NO.28/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.RAMU 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 petitioner, who is the sole accused, was arrested and remanded to judicial custody on 25.02.2015 for the alleged offences punishable under Sections 8(c) r/w 20(b) (ii) (C ) of NDPS Act, in Crime No.28 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the respondent police conducted a raid in front of the Sempatti to Moolachathiram Road, Pannaipatti Bus Stop, the petitioner was found in possession of 25 Kgs of Ganja.

3.The learned counsel for the petitioner submitted that even according to the prosecution, the petitioner was arrested on 25.02.2015 and the contraband was recovered and it was produced before the Judicial Magistrate on the same day and after period of 9 days, the contraband was produced before the Special Court. He further submitted that in a similar circumstances, this Court granted bail to the co-accused in Crl.O.P.(MD)No.6532 of 2015 dated 29.04.2014.

4.The learned Government Advocate (Crl.side) filed a counter and also submitted that on the date of seizure the contraband was produced before the Judicial Magistrate and on 05.03.2015 they were produced before the Special Court and therefore, there is no illegality. He further submitted that the petitioner has no bad antecedents.

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5.Considering the nature of allegations made against the petitioner and the circumstances under which the petitioner is arrested and quantity of the Ganja, the investigation is over and the period of detention, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered 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 Judge of Principal Special Court for EC & NDPS Act Cases, Madurai and on further condition that the petitioner shall report before the respondent police daily twice at 10.00 a.m., and 5.00 p.m., until further orders.

sd/- 19/06/2015 / 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI 3 THE INSPECTOR OF POLICE NIBCID, DINDIGUL, DINDIGUL DISTRICT. 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.RAMU Advocate SR.No.32006

ORDER

IN CRL OP(MD) No.8057 of 2015 Date :19/06/2015 NA/KBM/19/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/