Mayaraj v. The Inspector Of Police

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.8089 of 2015 MAYARAJ ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE NIBCID, THENI & DISTRICT, CRIME NO.95/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.PANDIYARAJAN Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as A.1 in Crime No.95 of 2014 on the file of the respondent police, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c) and 25 of NDPS Act, 1985. The petitioner was arrested and remanded to judicial custody on 19.06.2014. He has come forward with this petition seeking bail.

2. The case of the prosecution is that the petitioner was found in possession of 200kgs of ganja.

3. The learned Counsel for the petitioner submitted that the petitioner was arrested on 19.06.2014 at 08.00 hours and a case has been registered at 08.30 hours, but the arrest memo contains the crime number. The learned Counsel for the petitioner further submitted that in a similar circumstances, this Court has granted bail to the accused. In support of his contention, the learned Counsel for the petitioner, relied on the order passed by this Court in Crl.O.P.(MD)No.18641 of 2014, dated 12.11.2014.

4. The learned Government Advocate (Crl.Side) opposed the petition by stating that the contraband seized from the petitioner is a commercial quantity and as per Section 37 of NDPS Act, the petitioner is not entitled for bail.

5. However, following the earlier order passed by this Court, this court is inclined to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 6.Accordingly, the petitioner is directed 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 Judge for Principal Special Court for EC and NDPS Act cases, Madurai and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m. and 05.00 p.m. until further orders.

sd/- 30/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT JUDGE FOR PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT, CENTEAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, NIBCID, THENI & DISTRICT. +1. CC to M/S.B.PANDIYARAJAN Advocate SR.No.24056. TS/30.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.8089 of 2015 Date :30/04/2015 https://hcservices.ecourts.gov.in/hcservices/