Madras High CourtCRL OP(MD)/6294/2017ordered

Irulandi, v. The Inspector Of Police,

2017-05-18Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.6294 of 2017 IRULANDI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, NIB CID, MADURAI.

(CRIME NO.60 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 22.03.2017, for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(C) and 25 of NDPS Act, in Crime No.60 of 2017, on the file of the respondent Police, seeks bail.

2. Heard Mr.M.Jegadeesh Pandian, learned counsel appearing for the petitioner and Mr.K.Anbarasan, learned Government Advocate (Criminal Side) appearing for the State.

3. The case of the prosecution is that on 22.03.2017 at about 08.30 a.m., the vehicle bearing registration No.TN21 AF0657 driven by the petitioner was found in possession of 154 Kgs., Ganja.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution.

5. The learned Government Advocate appearing for the State strongly objected to grant bail to the petitioner.

6. Taking into consideration the facts and circumstances of this case, considering the gravity of offence said to have been committed by the petitioner and also the period of incarceration, this Court is of the view that this is a fit case to grant bail to the petitioner. Accordingly, he is ordered to be released on bail, subject to the following conditions:

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(i) the petitioner shall execute 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 and NDPS Cases, Madurai.

(ii) the petitioner shall report before the learned Chief Metropolitan Magistrate, Egmore, Chennai, daily at 10.30 a.m., until further orders.

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) 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].

sd/- 18/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL COURT FOR EC AND NDPS CASES, MADURAI. 2 THE CHIEF METROPOLITAIN MAGISTRATE, EGMORE, CHENNAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, NIB CID, MADURAI.

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

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.22538

ORDER

IN CRL OP(MD) No.6294 of 2017 Date :18/05/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-MSA-SAR 4/19.5.2017/2P-7C