Jayapandi v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CRL OP(MD) No.16917 of 2016 JAYAPANDI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT CRIME NO.75 OF 2016 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.75 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent Police conducted raid on 12.02.2016, the accused was found in possession of 4 kgs of ganja.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) would submit that the petitioner is having previous cases of similar nature, wherein the quantity of contraband is below commercial. 5.Considering the facts and circumstances of the case and also considering the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional District Judge of Principal Special Court for EC & NDPS Act Cases, Madurai, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m., and 05.00 p.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 09/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE OF PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION,THENI DISTRICT.

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

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.51218

ORDER

IN CRL OP(MD) No.16917 of 2016 Date :09/09/2016 PA/SK-SKN/SAR III/14.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/