Sathish Kumar v. Intelligence Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD)No. 5367 of 2024 SATHISH KUMAR ... PETITIONER/ACCUSED NO.3 Vs INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, MADURAI SUB ZONE, MADURAI.
NCB.F.NO.48/1/04/2019-NCB/MDU ... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to release the petitioner / Accused No.3 on Interim Bail for a period of 5 days in connection with the case in NCB.F.No.48/1/04/2019-NCB/MDU on the file of the Respondent. Order : This Criminal Miscellaneous Petition petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.M.JEGADEESH PANDIAN, Advocate for the petitioner and of MR.C.ARULVADIVEL @ SEKAR on behalf of the Respondent, the court made the following order:- The petitioner, who arrayed as accused No.3, was arrested and remanded to Judicial Custody on 04.05.2019 for the offences punishable under sections 8(c) r/w. 20 1/4
(b)(ii)(C), 28 and 29 of NDPS Act, in NCB.F.No.48/1/04/2019-NCB/MDU on the file of the respondent police, seeks bail.
2. Heard the learned counsel appearing for the petitioner and the learned Special Public Prosecutor appearing for the respondent police.
3. The Interim bail is sought for only on the ground that the petitioner's daughter's Puberty Function is going to be conducted on 06.04.2024. Now, the petitioner is in the custody of the Central Prison, Madurai.
4. The learned Special Public Prosecutor for NCB cases appearing for the respondent submitted that the above fact is true and hence, he may be granted interim bail with police escort.
5. Considering the urgency, this Court is inclined to grant interim bail to the petitioner with the following conditions:
i) The petitioner is directed to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Superintendent of Central Prison, Madurai. On executing the bond, the Superintendent of Central Prison, Madurai, is directed to release the petitioner, by name, Sathishkumar, S/o. Subbu Thevar from 05.04.2024 to 08.04.2024 on custodial bail after following the usual procedure and other safeguarding measures in accordance with the Prison Manual, to attend the Puberty function of his daughter. The petitioner shall be released from 2/4
prison at 5.00 pm on 05.04.2024 and to be taken back to the Central Prison, Madurai on 08.04.2024 before 05.00 p.m.
ii) The Superintendent of Central Prison, Madurai, shall provide escort with civil dress to the petitioner from the Central Prison, Madurai from the time he leave the Central Prison, Madurai and till such time, he is taken back to the Central Prison, Madurai, on the said date and time as ordered by this Court. iii) The petitioner shall be of good behaviour and shall not commit any offence during his leave. The petitioner is liable to be recalled immediately in case he violates any of the conditions.
6. This petition is ordered accordingly.
sd/- 05/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, MADURAI SUB ZONE, MADURAI.
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THE SUPERINTENDENT CENTRAL PRISON, MADURAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-4227[I] dated 05/04/2024 )
ORDER
IN IN CRL OP(MD)No. 5367 of 2024 Date :05/04/2024 PKP/05.04.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4