Madras High CourtCRL MP(MD)/4399/2018allowed

The Inspector Of Police v. Theivam

2018-06-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4399 of 2018 and CRL MP(MD)No.4400 of 2018 IN CRL OP(MD) No.8583 of 2018 THE STATE THROUGH THE INSPECTOR OF POLICE SEDAPATTI POLICE STATION, MADURAI DISTRICT CRIME NO. 85 OF 2018 ... PETITIONER / RESPONDENT IN BOTH PETITIONS Vs THEIVAM ... RESPONDENT / PETITIONER IN BOTH PETITIONS PRAYER IN CRL MP(MD)No.4399/18 IN CRL OP(MD)No.8583/18:- Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the bail granted to the respondent/Accused in Crl.O.P.(MD) No.8583 of 2018 dated 23/05/2018 on the file of this Honourable Court and thus render justice.

Prayer in CRL MP(MD). 4400/ 2018 IN CRL OP(MD)No.8583/18:- To stay the order passed by this Honourable Court in Crl.O.P. (MD) No.8583 of 2018 dated 23/05/2018 and thus render justice Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.A.ROBINSON, GOVERNMENT ADVOCATE, for the petitioner in both the petitions, and the court made the following order:- The Crl.M.P.(MD) No.4399 of 2018 has been filed by the Inspector of Police, Sedapatti Police Station, Madurai District to cancel the bail granted in Crl.O.P(MD).No.8583 of 2018, dated 23.05.2018.

2.Heard the learned counsel appearing on either side. https://hcservices.ecourts.gov.in/hcservices/ 3.The respondent is the accused in Crime No.121 of 2018 on the file of the Inspector of Police, Sedapatti Police Station, Madurai

District. He stands accused for the offences under Sections 8 (c) r/w. 20(b) (ii) (C) and 25 of NDPS Act. The quantity of ganja is 78 Kgs. It is obviously a commercial quantity. Therefore, to grant bail in such cases, the petitioner will have to satisfy the parameters set out in Section 37 of NDPS Act. In this case, without such satisfaction, bail has been inadvertently granted. Therefore, the bail granted to the petitioner in Crl.O.P(MD).No.8583 of 2018 is illegal and the same stands cancelled.

4.Accordingly, the Crl.M.P.(MD) No.4399 of 2018 is allowed and Crl.M.P.(MD) No.4400 of 2018 is closed.

sd/- 19/06/2018 / 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 SEDAPATTI POLICE STATION, MADURAI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI cp/das JAM/27/06/2018/ CM-VR /GSR/ 2p-4c ORDER IN CRL MP(MD) No.4399 of 2018 and CRL MP(MD)No.4400 of 2018 IN CRL OP(MD) No.8583 of 2018 Date :19/06/2018 https://hcservices.ecourts.gov.in/hcservices/