Devadoss @ Razul Sulthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.6905 of 2016 DEVADOSS @ RAZUL SULTHAN ..PETITIONER/ACCUSED No.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE NIB CID, MADURAI.

(CRIME NO. 100 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S M.JEGADEESH PANDIAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 06.06.2015 for the offences punishable under Section 8(c) r/w 20(b)(ii) (C), 29(1) and 25 of NDPS Act in Crime No.100 of 2015, on the file of the respondent police, seeks bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. In the light of the order passed by this Court in Crl.O.P.(MD) No.4433 of 2016 wherein this Court granted bail to the co-accused Pitchaipandi, after considering the provisions of Section 37 of NDPS Act and the case of the petitioner is in para materia that of Pitchaipandi, this Court is inclined to grant bail to the petitioner. 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.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum to the satisfaction of the learned Additional Principal Special court for EC and NDPS Cases, Madurai;

(ii) the petitioner shall appear before the learned Additional Principal Special Court for EC and NDPS Cases, Madurai every Monday at 10.30a.m. until further orders;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner 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 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];

https://hcservices.ecourts.gov.in/hcservices/

(vi)The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioner is complying with the order or not. sd/- 27/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS CASES, MADURAI. 2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE INSPECTOR OF POLICE, NIB CID, MADURAI. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S M.JEGADEESH PANDIAN Advocate SR.No.24264 ORDER IN CRL OP(MD) No.6905 of 2016 Date :27/04/2016 PBK/SK-SKN/AR-I 27/04/2016 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/