Madras High CourtCRL OP(MD)/23533/2013ordered

Sivakumar v. The Sub-Inspector Of Police

2013-12-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23533 of 2013 SIVAKUMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE SUB-INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DT, CRIME NO.351/2013 ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.R.MANICKAM Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was remanded to the judicial custody by the respondent police on 20.11.2013 for the alleged offence under Section 8 (c) r/w 20(b)(ii) (B) of NDPS Act in Crime No.351 of 2013 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner was in possession of 1.250 kgs of ganja at the time raid.

3. Learned counsel appearing for the petitioner would submit that the petitioner has been in judicial custody from 20.11.2013 and the respondent police had completed investigation and there is no need for further custodial interrogation.

4. The learned Additional Public Prosecutor submits that the petitioner has two previous cases of the years 2012 and 2013 respectively.

5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and also perused the materials available on record.

6. Considering the facts and circumstances of the case this Court is inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on 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 Additional District Judge of Principal Special Court for EC & NDPS Act cases, Madurai, and on further condition that the petitioner shall stay at Trichy and appear before Trichy Cantonement Police Station daily at 10.30 a.m until further orders.

sd/- 30/12/2013 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE ADDITIONAL DISDTRICT JUDGE OF PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES MADURAI 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSEPCTOR OF POLCIE TRICHY CANTONEMENT POLICE STATION 5 THE SUB-INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DT, +1. CC to M/S.R.MANICKAM Advocate SR.No.64402

ORDER

IN CRL OP(MD) No.23533 of 2013 Date :30/12/2013 NA/30/12/2013/P2/7C https://hcservices.ecourts.gov.in/hcservices/