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Madras High CourtCRL OP(MD)/9741/2015ordered

Amaresan v. The Inspector Of Police

2015-06-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9741 of 2015 AMARESAN ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE NIBCID THENI, THENI DT, CRIME NO.1/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.B.PANDIARAJAN 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 in Crime No.1 of 2015 on the file of the respondent police was arrested and remanded to judicial custody on 03.01.2015 for the alleged offences punishable under Sections 8(c) r/w.20(b)(ii)(C) and 25 of NDPS Act and hence, seeks bail. 2.The case of the prosecution is that the accused was found in possession of 25 kgs of ganja.

3.The learned counsel for the petitioner submitted that as per the prosecution case, the accused was arrested on 03.01.2015 at about 14.35 hours and thereafter the accused was taken to police station and the case was registered at 16 hours on 03.01.2015, but the arrest memo contains Crime No.1 of 2015, which creates doubt over the prosecution case. He would further submit that in the similar circumstances, this Court granted bail in Crl.O.P.(MD)No.7877 of 2015.

4. The learned Government Advocate (crl. side) appearing for the respondent police submitted that this is a case of commercial quantity and the petitioner is having two previous cases of similar in nature.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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 Principal Special Court for EC & 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 5.30 p.m. until further orders. sd/- 04/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI. https://hcservices.ecourts.gov.in/hcservices/

2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, NIBCID THENI, THENI DISTRICT. +1. CC to M/S.B.PANDIARAJAN Advocate SR.No.27636 ORDER IN CRL OP(MD) No.9741 of 2015 Date :04/06/2015 PBK/PPS 04/06/2015 ::1P-6C::

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