Kalaivanan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11140 of 2018 KALAIVANAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SIRKAZHI POLICE STATION, SIRKAZHI.

(CR.NO.177/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.KARUNANITHI Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in custody since 10.06.2018 for the offences under Sections 8 (c) r/w. 20(b) (ii) (B) of NDPS Act, 1985 in Crime No.177 of 2018 on the file of the respondent Police. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3.The contraband in question is a small quantity of Kanja measuring 1.100 Kilograms. The petitioner is of course having previous cases. But they are under the Tamil Nadu Prohibition Act. 4.Considering 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;

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

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)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/- 05/07/2018 / 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 JUDGE UNDER E.C.

ACT CASES, THANJAVUR 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 3 THE INSPECTOR OF POLICE SIRKAZHI POLICE STATION, SIRKAZHI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.KARUNANITHI Advocate SR.No.71226 TSG JAM/05/07/2018/ MMS/ASVM/2P-6C

ORDER

IN CRL OP(MD) No.11140 of 2018 Date :05/07/2018 https://hcservices.ecourts.gov.in/hcservices/