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Madras High CourtCRL OP(MD)/3574/2016ordered

Ammavasai @ Chandrasekar v. The Inspector Of Police

2016-03-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3574 of 2016 AMMAVASAI @ CHANDRASEKAR ... PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE NIBCID POLICE STATION, TRICHY.

(CRIME NO. 6/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : MR.A.P.BALASUBRAMANI, 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 26.01.2016 for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.6 of 2016 on the file of the respondent police, seeks bail.

2. Heard Mr.B.Jameelarasu, learned counsel appearing for the petitioners and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3.It is seen that there is no previous case against the petitioner. Taking into consideration the nature of the allegations against the petitioner, this Court is of the view that this is a fit case to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions: (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 Judicial Magistrate, No.I, Trichy;

[ii] the petitioner shall report before the respondent police every day at 6.30 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 https://hcservices.ecourts.gov.in/hcservices/

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]. [vi] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioner is complying with the condition or not.

sd/- 08/03/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE NIBCID POLICE STATION, TRICHY.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.13049 akm/08.03.2016/2p-7c/GSV/PM/SAR-I

ORDER

IN CRL OP(MD) No.3574 of 2016 Date :08/03/2016 https://hcservices.ecourts.gov.in/hcservices/