Mokkan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19902 of 2016 MOKKAN ... PETITIONER / 3rd ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

CR. NO.555/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.PACKIYASELVAM 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 / 3rd Accused apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(B) of N.D.P.S.Act, in Crime No.555 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 a raid along with his Police Party, the petitioner and his group were intercepted and on search of a bag carried by them, it was found that they were in possession of 1.250 Kgs., Ganja.

3. It is submitted by the learned Government Advocate (Crl.Side) that there is no previous case as against the petitioner and based on the confession of the co-accused, the petitioner has been arrayed as accused in this case and the seized contraband from the accused is below the commercial quantity.

4. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the seized contraband is below the commercial quantity, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

https://hcservices.ecourts.gov.in/hcservices/

5. 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 for Principal Special Court for E.C., and N.D.P.S.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 like sum to the satisfaction of the learned District Judge concerned and on further condition that the petitioner shall appear before the respondent police, daily twice at 10.00 a.m., and 05.30 p.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned District Judge within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail would stand dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE FOR PRINCIPAL SPECIAL COURT FOR E.C.., AND N.D.P.S. ACT CASES, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

+1. CC to M/S.G.PACKIYASELVAM Advocate SR.No.60749 JAM/19.10.16/CK-SAR I/2P-5C

ORDER

IN CRL OP(MD) No.19902 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/