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Madras High CourtCRL OP(MD)/6203/2018granted

Annakkili v. The Inspector Of Police

2018-04-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6203 of 2018 1 ANNAKKILI 2 ARUMUGAM ... PETITIONERS / ACCUSED 1 & 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.18/2018).

... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.KUMARAVEL Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as the accused No.1 & 2. They were arrested and remanded to judicial custody on 23.02.2018 for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 in Crime No.18 of 2018, on the file of the respondent police. He seeks bail.

2.The learned Government Advocate (Crl.side) submitted that the petitioners are having number of previous cases. This Court went through the list of previous cases. Till date, no charge sheet for the said cases has been filed. The quantity involved in this case is a small quantity of 2 k.g of Ganja.

3.Taking note of the nature of the allegation made against the petitioners, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i) the petitioners shall execute 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 Addl. Dist. & Sessions Judge, Special Court under E.C. Act, Cases, Thanjavur. https://hcservices.ecourts.gov.in/hcservices/

(ii)the petitioners are directed to appear before the respondent police as and when required for interrogation. (iii)the petitioners shall not abscond.

(iv)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIRSCW 5560].

sd/- 20/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT UNDER E.C. ACT, CASES, THANJAVUR.

2 THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

3 THE OFFICER IN CHARGE, CENTRAL JAIL, TRICHY.

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

+1. CC to M/S.K.KUMARAVEL Advocate SR.No.6713.

ORDER

IN CRL OP(MD) No.6203 of 2018 Date :20/04/2018 SDS/CM:VR/GSR/20.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/