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Madras High CourtCRL OP(MD)/8111/2023ordered

Velusamy v. The Inspector Of Police

2023-04-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Velusamy ... Petitioner Vs.

State by The Inspector of Police, Prohibition Endorsement Wing, Nagapattinam.

Crime No.04 of 2023 ... Respondent PRAYER : Criminal Original Petit1on filed under Section 482 r/w 439

(2) of the Code of Criminal Procedure, to modify the order in Crl.M.P.No.883 of 2023 passed by the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, dated 13.02.2023, in respect of the condition No.7(iii). For Petitioner : Mr.K.Kumaravel For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to modify the condition No.7(iii) in Crl.M.P.No.883 of 2023 dated 13.02.2023 passed by the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

2.The petitioner and other accused were in illegal possession of 1.1kgs of ganja. Hence, a case has been registered in Crime No.04 of 2023 for the offence punishable under Sections8(c) r/w 20(b)(ii)(B) of NDPS Act. He was arrested and remanded to judicial custody on 04.01.2023. Thereafter, the petitioner filed a petition for bail before the Court below. The Court below granted bail to the petitioner with certain conditions. One of the conditions is that the petitioner should deposit a sum of Rs.1,00,000/- to the credit of Cr.No.04 of 2023. To modify the said condition, the petitioner filed the present petition. 2/4

3.Considering the facts and circumstances of the case, the condition No.7(iii) imposed in Crl.M.P.No.883 of 2023, dated 13.02.2023 by the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur is hereby deleted. The other conditions imposed by the Court below are left intact. 4.In the result, this criminal original petition is allowed. 28.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To 1.The Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

2.The Inspector of Police, Prohibition Endorsement Wing, Nagapattinam.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.K.ILANTHIRAIYAN ,J.

gns 28.04.2023 4/4