Rajagopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8389 of 2015 RAJAGOPAL ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NIBCID, THENI, THENI DISTRICT.

CRIME NO.35 OF 2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI, Advocate For Respondent : M/S.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 arrayed as A2 in Crime No.35 of 2015 on the file of the respondent police, was arrested by the respondent Police 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, seeks bail.

2.The case of the prosecution is that the petitioner is found in possession of 50 kgs of Kanja.

3.The learned counsel for the petitioner submitted that according to the prosecution, the accused was arrested on 25.02.2015 at 16.05 hours and after recovery of the contraband, the case was registered at 17.15 hours, but the arrest memo contains Crime number. He further submitted that this create suspicion over the case of prosecution. In the similar circumstances, this Court has considered bail petition and granted bail in Crl.O.P.No.6744 of https://hcservices.ecourts.gov.in/hcservices/ 2015.

4. The learned Government Advocate (Crl.side) vehemently opposed the petition stating that there is no violation of law, in the procedure followed by the respondent and the arrest memo was preferred only to the remanded accused.

5.Considering the earlier order of this Court, I am 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 for Principal Special Court for EC and NDPS Act cases, Madurai and on further condition that the petitioner shall appear before the respondent Police twice a day daily at 10.00 a.m., and 5.30 p.m until further orders. sd/- 29/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE FOR PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, NIBCID, THENI, THENI DISTRICT.

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

+1. CC to M/S.S.MUNIYANDI, Advocate SR.No.23499. ORDER IN CRL OP(MD) No.8389 of 2015 Date :29/04/2015 msm 29.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/