Babu v. The Inspector Of Police

CRL OP(MD). No.13318 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13318 of 2019 Babu ... Petitioner/1st Accused Vs The State Represented by, The Inspector of Police, Mayiladuthurai Police Station, Nagapattinam District.

(Crime No.339/2019). ... Respondent/Complainant For Petitioner : M/s.C.Hitesh Kumar, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.339 of 2019 on the file of the respondent.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner is arrayed as accused No.1. He was arrested and remanded to Judicial Custody on 24.08.2019, for the offences punishable under Sections 8(c) and 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.339 of 2019, on the file of the respondent police. He seeks bail. 3.The contraband seized weighs 1 1⁄2 kg of ganja. 4.The learned counsel for the petitioner submitted that he will not apply for modification or relaxation of the said condition imposed by this Court.

5.The learned Government Advocate (Crl. side) has strongly opposed the grant of bail by pointing out that the petitioner is having five previous cases.

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CRL OP(MD). No.13318 of 2019 6.Taking note of the quantity of contraband, I am inclined to enlarge the petitioner on bail with certain conditions. 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 Special Judge, Under E.C.Act Cases, Thanjavur.

(ii) the petitioner is directed to appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 25/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE UNDER E.C.ACT CASES, THANJAVUR 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 3 THE INSPECTOR OF POLICE MAYILADUTHURAI POLICE STATION, NAGAPATTINAM DISTRICT.

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

+1 CC to M/s.C.HITESH KUMAR, Advocate(SR-16338[I] dated 25/09/2019) ORDER IN CRL OP(MD) No.13318 of 2019 Date :25/09/2019 SJI ES/PN/SAR 2/25.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2