Madras High CourtCRL OP(MD)/9369/2015ordered

Gnanapazham v. The Inspector Of Police

2015-06-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD)Nos.9369 & 10213 of 2015 GNANAPAZHAM ..PETITIONER/ACCUSED No.4 in Crl.OP(MD)No.9369/2015 JOSEPH SELVARAJ ..PETITIONER/ACCUSED No.3 in Crl.OP(MD)No.10213/2015 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THANGACHIMADAM POLICE STATION, RAMESWARAM, RAMNAD DISTRICT.

CR.NO.24 OF 2015 RESPECTIVELY.

..RESPONDENT/COMPLAINANT in Both the Petitions For Petitioner : M/S.K.M.KARUNAKARAN Advocate in Both the Petitions For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) in Both the Petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.3 & 4 in Crime No.24 of 2015 on the file of the respondent police are arrested and remanded to judicial custody on 18.03.2015 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C) r/w 25 of N.D.P.S. Act, 1985 and hence, seek bail.

2.The case of the prosecution is that the petitioners were found in possession of 27.200 kgs. And 141 kgs of ganja respectively. 3.The learned counsel for the petitioners would submit that as per the case of the prosecution, the accused were arrested on 18.03.2015 at 5.00 a.m. and thereafter only, case was registered at 6.30 a.m. on 18.03.2015, but the arrest memo contains the crime number. Therefore, it creates a serious doubt over the case of the prosecution.

4. The learned Government Advocate (crl. side) appearing for the respondent police submitted that the accused were arrested on 18.03.2015 and they were produced on the same day before the learned Judicial Magistrate and the said contraband were also produced before the Court and there is no delay.

5. Counter affidavit has been filed today.

6. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their 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 https://hcservices.ecourts.gov.in/hcservices/

Additional District/Presiding Officer at Special Court for EC and NDPS Act cases, Pudukkottai and on further condition that the petitioners shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 p.m. until further orders.

sd/- 18/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT/PRESIDING OFFICER AT SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI.

2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM. 4 THE INSPECTOR OF POLICE, THANGACHIMADAM POLICE STATION, RAMESWARAM, RAMNAD DISTRICT.

+2. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.31657 & 31658 ORDER IN CRL OP(MD)Nos.9369 & 10213 of 2015 Date :18/06/2015 PBK/AMF 18/06/2015 ::2P-7C::

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