Murugan @ Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10766 of 2018 MURUGAN @ MURUGESAN ... PETITIONER/ SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE MANNARGUDI TOWN POLICE STATION, MANNARGUDI, THIRUVARUR DISTRICT.

CRIME NO.298 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.R.LAXMAN, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. 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 11.06.2018. He has been arrested for the offences punishable under Section 8(c) r/w. Section 20(b)(ii)(B) of NDPS Act, 1985 in Crime No.298 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) for the respondent. 3.The contraband involved is 1.2 Kgs of Ganja, which is a small quantity.

4.The learned Government Advocate (Crl. Side) opposes the grant of bail citing a large number of previous cases to the credit of the petitioner.

5.This Court went through the contents of the FIR. They do not inspire the confidence of this Court.

6.Taking into account the facts and circumstances of the case, 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; https://hcservices.ecourts.gov.in/hcservices/

(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 is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(iv)on breach of any of the aforesaid conditions, the 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 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/- 29/06/2018 / 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 INSPECTOR OF POLICE MANNARGUDI TOWN POLICE STATION, MANNARGUDI, THIRUVARUR DISTRICT.

3 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.K.R.LAXMAN Advocate SR.No.11731

ORDER

IN CRL OP(MD) No.10766 of 2018 Date :29/06/2018 MS/PN/GSR/29.06.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/