Gopinath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14655 of 2018 1 GOPINATH 2 PETCHIYAMMAL ... PETITIONERS/ ACCUSED NOS.2 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.112 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr. JEGADEESH PANDIAN Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/A2 and A3, who were arrested and remanded to judicial custody since 05.05.2018 for the offences punishable under Sections 8(c) read with 20(b)(ii) (C) and 25 of NDPS Act, 1985, in crime No.112 of 2018, on the file of the respondent police seek bail.

2.The case of the prosecution is that the police party while on their regular check up on 05.05.2018 at about 09.00 am., found the accused persons in a suspicious manner and when one persons, viz., Chandran ran away and other four are arrested and they were searched and the police party recovered 31.800 kg of kanja from the first accused and a sum of Rs.5,43,000/- was recovered fromA4 and hence, the case has been registered.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and the sum, which was stated to be recovered from the petitioner had been mobilised for the purpose of meeting out the marriage expenses of one Jancy. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Additional Public Prosecutor appearing for the State.

5.Considering the facts and circumstances of the case and considering the fact that no contraband or money were recovered from the petitioners, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i)the petitioners 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 Principal Special Court for EC and NDPS Cases, Madurai;

(ii) the petitioners shall appear before the respondent police as and when required for interrogation.

sd/- 27/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS CASES, MADURAI.

2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

3. THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to Mr.JEGADEESH PANDIAN Advocate SR.No.18453

ORDER

IN CRL OP(MD) No.14655 of 2018 Date :27/09/2018 MS/VR-MMS/SAR-3/27.09.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/