Saraswathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5037 of 2016 1 SARASWATHI 2 LAKSHMI @ MANJULA ... PETITIONERS/ACCUSED Nos.2 & 1 Vs STATE REP BY THE INSPECTOR OF POLICE NIBCID POLICE STATION, TRICHY DISTRICT.
IN CR.NO. 18 OF 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 petitioners, who were arrested and remanded to judicial custody on 04.03.2016, for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(B) of N.D.P.S.Act, 1985, in Crime No.18 of 2016, on the file of the respondent Police, seek bail.
2. Heard Mr.B.Jameel Arasu, learned counsel appearing for the petitioners / accused 2 and 1 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. The learned Government Advocate (Criminal Side) submitted that the petitioners / accused 2 and 1 were found in possession of 1.250 Kgs., of Ganja. There is no previous case as against the petitioners / accused 2 and 1, except the present case.
4. Taking into consideration the above facts, this Court is of the view that this is a fit case to grant bail to them. Accordingly, they are ordered to be released on bail, subject to the following conditions:
(i) each of the petitioners / accused 2 and 1 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.
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(ii)the petitioners / accused 2 and 1 shall report before the respondent Police daily at 10.30 a.m., until further orders.
(iii)the petitioners / accused 2 and 1 shall not tamper with evidence or witness either during investigation or trial.
(iv)the petitioners / accused 2 and 1 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 petitioners / accused 2 and 1 in accordance with law as if the conditions have been imposed and the petitioners / accused 2 and 1 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].
5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the condition or not.
sd/- 23/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I,TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY 3 THE INSPECTOR OF POLICE NIBCID POLICE STATION,TRICHY DISTRICT.
4 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY 5 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.16284
ORDER
IN CRL OP(MD) No.5037 of 2016 Date :23/03/2016 AA/AAL-MPA/SAR-I/23.03.2016/2p-7c https://hcservices.ecourts.gov.in/hcservices/