Kamaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10337 of 2018 KAMARAJ ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, MAYILADHUTHURAI POLICE STATION, NAGAPATTINAM DISTRICT.

IN CRIME NO.375 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.SANKARA RAMASUBRAMANIAN, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 01.06.2018 for the offences punishable under Sections 8 (c) r/w 20(b) (ii) (B) of NDPS Act, 1985 in Crime No.375 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police. 3.The contraband in question involves small commercial quantify weighing 01.50 kgs of ganja. Since it is a small quantity of ganja, notwithstanding the opposition of the learned Government Advocate (Crl.Side) and considering the antecedents of the petitioner, this Court is inclined to enlarge the petitioner on bail with certain conditions. 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 Additional District and Sessions Judge/Special Judge under E.C Act Cases, Thanjavur.

(ii)The petitioner shall appear before the respondent police as and when required for interrogation.

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(iii) The petitioner shall not abscond.

(iv)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/- 09/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/ SPECIAL JUDGE UNDER E.C ACT CASES, THANJAVUR. 2 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, MAYILADHUTHURAI POLICE STATION, NAGAPATTINAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.A.SANKARA RAMASUBRAMANIAN Advocate SR.No.12452

ORDER

IN CRL OP(MD) No.10337 of 2018 Date :09/07/2018 MS/VR/GSR/09.07.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/