Ilayaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.990 of 2015 ILAYARAJA ... PETITIONER/SOLE ACCUSED Vs STATE.REP.BY THE INSPECTOR OF POLICE VETTAIKARAN IRUPPU POLICE STATION, THANJAVUR, CRIME NO.145/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.ARUN PRASAD Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. 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 22.12.2014 for the offences punishable under Sections 8(c) r/w 20(i)(b) of NDPS Act in Crime No.145 of 2014 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was arrested on 22.12.2014 and was found in possession of 1.100 gms of Ganja and the contraband has been recovered.

3. It is represented by the learned Government Advocate (Crl. Side) that there is a previous case against the petitioner under the Tamil Nadu Prohibition Act. Under such circumstances, I am inclined to grant bail to this petitioner.

4. 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 Judicial Magistrate, No.II, Thanjavur District, and on further condition that:

[a] the petitioner shall report before the respondent police twice a https://hcservices.ecourts.gov.in/hcservices/ day daily at 10.30 a.m. and 6.30p.m. for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether these petitioner is complying with the condition or not. sd/- 05/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON,TRICHY.

4 THE INSPECTOR OF POLICE VETTAIKARAN IRUPPU POLICE STATION, THANJAVUR. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.ARUN PRASAD Advocate SR.No.5513

ORDER

IN CRL OP(MD) No.990 of 2015 Date :05/02/2015 PA/06.02.15/2P/7C https://hcservices.ecourts.gov.in/hcservices/