Sankar @ Banasankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17842 of 2018 SANKAR @ BANASANKAR ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, VILUPPURAM WEST POLICE STATION, VILUPPURAM DISTRICT.

IN CRIME NO.551 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.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 15.08.2018 for the offence punishable under Sections 8(c)r/w.20(b)(ii) of NDPS Act, in Crime No.551 of 2018 on the file of the respondent police. He Seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 1.50Kgs of Kanja when the respondent police intercepted on 15.08.2018. Thereafter First Information Report came to be registered on 15.08.2018.

3. The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner and he has been in judicial custody for morethan 50 days. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the quantity involved in this case is in between quantity. That apart the petitioner is involved in two earlier cases in the year 2016 and in those cases the petitioner was found with 1 Kg of Kanja.

5. Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, and that the investigation is almost completed, 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: https://hcservices.ecourts.gov.in/hcservices/

(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 Court for E.C and NDPS Cases, Tanjavur District.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders; sd/- 08/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, SPECIAL COURT FOR E.C AND NDPS CASES, TANJAVUR DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

3. THE INSPECTOR OF POLICE, VILUPPURAM WEST POLICE STATION, VILUPPURAM DISTRICT.

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

+1. CC to MR.A.JOSEPH JERRY Advocate SR.No.19033

ORDER

IN CRL OP(MD) No.17842 of 2018 Date :08/10/2018 MS/PN/SAR-3/08.10.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/