Madras High CourtCRL OP(MD)/14429/2015disposed of

Chelladurai v. The Sub - Inspector Of Police

2015-07-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14429 of 2015 1 CHELLADURAI 2 BOOMIRAJA ... PETITIONER(S) / ACCUSED 2 and 3 Vs STATE REP BY:: THE SUB - INSPECTOR OF POLICE USILAMPATTY TOWN POLICE STATION. MADURAI DISTRICT. IN CRIME NO. 346 OF 2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 and A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(C) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.346 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the petitioners were found in possession of 1.400 kgs of ganja.

3.The learned counsel for the petitioner submitted that the contraband is recovered from the first accused and the petitioners have been falsely implicated on the basis of the confession of co-accused. He further submitted that the petitioners are innocent and they have not committed any offence.

4.The learned Government Advocate (Crl.side) submitted that the second accused is having one previous case and the third accused is having two previous cases.

5.However, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the Additional District Judge of Principal Special Court for EC and NDPS Act Court, Madurai and on each of them executing 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. https://hcservices.ecourts.gov.in/hcservices/

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 28/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE OF PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT COURT, MADURAI 2 THE PRINCIPAL DISTRICT SESSIONS JUDGE, MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB - INSPECTOR OF POLICE USILAMPATTY TOWN POLICE STATION. MADURAI DISTRICT. +1. CC to M/S.S.MUNIYANDI Advocate SR.No.41896 DM 29 7 15 - 2P 6C

ORDER

IN CRL OP(MD) No.14429 of 2015 Date :28/07/2015 https://hcservices.ecourts.gov.in/hcservices/