Manoharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16827 of 2016 MANOHARAN ... PETITIONER/1st ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.

(CRIME NO.434 OF 2016) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.POORNA CHANDRAN, ADVOCATE FOR RESPONDENT : Mr.K.V.RAJARAJAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner / A1 prays for grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 8(c) r/w. Section 20(b) ii of NDPS Act in Crime No.434/2016 on the file of respondent police.

2. The case of the prosecution is that the petitioner was found in possession of 1.250 kg of Ganja.

3. The learned counsel for the petitioner submits that on the arrest of the wife of the petitioner, the petitioner has been arrayed as accused and no recovery of contraband has been effected from him.

4. Learned Government Advocate (Crl. Side) submits that the petitioner is having two previous case in the similar offences and one case was the commercial quantity.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; https://hcservices.ecourts.gov.in/hcservices/

(a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Special Judge for EC and NDPS Act Cases, Madurai; within 15 days from the date of receipt of copy of the order, (i) Petitioner shall be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to his satisfaction;

(ii) The petitioner shall report before the respondent police twice a day daily at 10.30 a.m and 5.30 pm until further orders. sd/- 15/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

2. THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.S.POORNA CHANDRAN Advocate SR.No. 52338

ORDER

IN CRL OP(MD) No.16827 of 2016 Date :15/09/2016 TRP TE/CK/SAR-I : 20/09/2016 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/