Madras High CourtCRL MP(MD)/5135/2018allowed

The Inspector Of Police v. Tamilselvi

2018-07-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.5135 of 2018 IN CRL OP(MD) No.8269 of 2018 STATE THROUGH, THE INSPECTOR OF POLICE, CHEKKANOORANI POLICE STATION, MADURAI DISTRICT CRIME NO.924/2017 ... PETITIONER/RESPONDENT/ COMPLAINANT Vs TAMILSELVI ... RESPONDENT/PETITIONER/ ACCUSED No.1 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to accept the affidavit and cancel the Bail granted in Crl.O.P.(MD) No.8269/2018, Dated 23/05/2018 and thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.A.ROBINSON, Government Advocate (Crl.

Side) Advocate for the petitioner and of MR.J.SANKARAPANDIAN Counsel for MR.T.BALAKRISHNAN, Advoate on behalf of the Respondent, the court made the following order:- The petitioner is figuring as the first accused in Crime No.924 of 2017 registered on the file of the Inspector of Police, Chekkanoorani Police Station, Madurai District, for the offences under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985, [hereinafter referred to as "the Act"].

2. The contraband in question was above the commercial quantity. Without recording satisfaction in terms of Section 37 of the Act, bail was granted on 23.05.2018. Granting of such bail, without satisfaction in terms of Section 37 of the Act is illegal. Hence, bail is cancelled and accordingly, the Miscellaneous Petition stands allowed. The respondent in Crl.M.P.(MD)No.5135 of 2018, is https://hcservices.ecourts.gov.in/hcservices/

given liberty to file a fresh bail application and it shall be considered on its own merits.

sd/- 06/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC & NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE, CHECKANOORANI POLICE STATION, MADURAI.

3 THE SUPERINTENDENT, CENTRAL JAIL FOR WOMEN, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to MR.T.BALAKRISHNAN, Advocate SR.No.12543

ORDER

IN CRL MP(MD) No.5135 of 2018 IN CRL OP(MD) No.8269 of 2018 Date :06/07/2018 PK/RR-CSL/VK/13.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/