Madras High CourtCRL OP(MD)/8447/2015allowed

Jairanga Kathirvel Raja @ v. The Intelligence Officer

2015-06-19Honourable Mr Justice K. Kalyanasundaram2 pages

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.8447 of 2015 JAIRANGA KATHIRVEL RAJA @ SARAVANAN.

..PETITIONER/ACCUSED Vs STATE REP.BY THE INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU, MADURAI SUB ZONE, MADURAI.

(NCB FILE NO.48/1/01/2015-NCB/MDU) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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 30.03.2015 for the alleged offences punishable under Sections 8(c) r/w 20(b) (ii) (C ), 27A, 28A and 29 of NDPS Act, 1985 in NCB File No.48/1/01/2015-NCB/MDU on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 30.03.2015 on specific information, the respondent police searched the accused and they found a plastic bag containing Narcotic Drugs.

3.The learned counsel for the petitioner submitted that the report of the Chemical Analysis shows that the accused was found in possession of 2 kgs of Ganja. He further submitted that the petitioner is an innocent and he has been falsely implicated in this case. 4.The learned Special Public Prosecutor submitted that the accused was found in possession of 2 kgs of Ganja and he has no bad antecedents. 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 and Sessions Judge, Special Court for E.C. And N.D.P.S., Act Cases, Pudukkottai and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders.

sd/- 19/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR E.C. AND NDPS., ACT CASES, PUDUKOTTAI.

2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU, MADURAI SUB ZONE, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.R.ANAND Advocate SR.No.32123 ORDER IN CRL OP(MD) No.8447 of 2015 Date :19/06/2015 PBK/PPS 19/06/2015 ::2P-6C::

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