Murugan 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.5103 of 2016 MURUGAN ... PETITIONER/ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NIB CID WING, RAMANATHAPURAM DISTRICT, CR NO. 14/2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SUBASH BABU 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 01.02.2016, for the offences punishable under Sections 8(c) r/w 20(b)(ii) (B) of N.D.P.S., Act, in Crime No.14 of 2016, on the file of the respondent Police, seeks bail.
2. Heard Mr.M.Subash Babu, learned counsel appearing for the petitioner / second accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. The learned Government Advocate (Criminal Side) submitted that the petitioner / second accused was found in possession of 8 Kgs., of Ganja. There is no previous case as against the petitioner / second accused, except the present case.
4. Taking into consideration the nature of allegations made against the petitioner / second accused, this Court is of the view that this is a fit case to grant bail to him. Accordingly, he is ordered to be released on bail, subject to the following conditions: (i) the petitioner / second accused 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 Court for E.C., and N.D.P.S.Act Cases, Pudukottai.
(ii)the petitioner / second accused shall report before the respondent police daily at 10.30 a.m., until further orders.
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(iii)the petitioner / second accused shall not tamper with evidence or witness either during investigation or trial.
(iv)the petitioner / second accused 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 / second accused in accordance with law as if the conditions have been imposed and the petitioner / second accused 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 petitioner is 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 ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR E.C., AND N.D.P.S ACT CASES, PUDUKOTTAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE NIB CID WING, RAMANATHAPURAM DISTRICT, +1. CC to M/S M.SUBASH BABU Advocate SR.No.16740.
ORDER
IN CRL OP(MD) No.5103 of 2016 Date :23/03/2016 AM/AN.MP/SAR-I/24.03.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/