Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10874 of 2018 MOHAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE VEDARANYAM POLICE STATION, NAGAPPATTINAM DISTRICT.

... RESPONDENT / COMPLAINANT CRIME NO.138 OF 2018 For Petitioner : Mr.K.M.KARUNAKARAN Advocate For Respondent : M/S.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 14.06.2018 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.138 of 2018, on the file of the respondent police. He seeks bail.

2. Heard the learned counsel appearing for the petitioner. 3.The learned Government Advocate (Crl.Side) appearing for the respondent opposed the grant of bail by citing the previous antecedents of the petitioner.

4.The petitioner was found to be in possession of small quantity of ganja. Taking into account of small quantity of ganja and the fact that the petitioner is a senior citizen, 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;

(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 Court, Special Court under E.C.Act Cases, Thanjavur. https://hcservices.ecourts.gov.in/hcservices/

(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/- 02/07/2018 / 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 COURT UNDER E.C ACT CASES, THANJAVUR.

2 THE OFFICER INCHARGE, SUB-JAIL, NAGAPATTINAM.

3 THE INSPECTOR OF POLICE VEDARANYAM POLICE STATION, NAGAPPATTINAM.

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

+1. CC to Mr.K.M.KARUNAKARAN, Advocate SR.No.11846.

ORDER

IN CRL OP(MD) No.10874 of 2018 Date :02/07/2018 SDS/MMS/ASVM/02.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/