Karnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15443 of 2018 KARNAN ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, NAGAPPATINAM TOWN POLICE STATION, NAGAPPATINAM DISTRICT.

(IN CR NO. 200 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JOSEPH JERRY 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 petitioner is in judicial custody since 12.08.2018 for the offences punishable under Sections 8(c) r/w 20(b), (ii), (B) of NDPS Act of I.P.C, in Crime No.200 of 2018, on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 12.08.2018, the respondent police got secret information, on the basis of information respondent police went to the occurrence place. At that time the petitioner having possession of 1.100 kgs of Kanja and the same was seized. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner is still in custody from 12.08.2018. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is having one previous case and the same is pending for investigation before the Nagapattinam Town Police Station. Therefore, he vehemently opposed to grant of bail to the petitioner.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. 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 Judicial Magistrate No.I, Nagapatinam District.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 17/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGAPATINAM DISTRICT.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, NAGAPATINAM DISTRICT.

3 THE INSPECTOR OF POLICE, NAGAPPATINAM TOWN POLICE STATION, NAGAPPATINAM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to M/S.A.JOSEPH JERRY Advocate SR.No. 17593

ORDER

IN CRL OP(MD) No.15443 of 2018 Date :17/09/2018 JM/MMS/SAR 1/17.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/