Madras High CourtCRL OP(MD)/23073/2013bail granted

Pandi v. The Inspector Of Police

2013-12-20Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.23073 of 2013 PANDI ... PETITIONER/ SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE SEDAPATTI NORTH POLICE STATION, MADURAI DT.

CR. NO. 194/2103. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : Mr.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the sole accused and he was arrested and remanded to judicial custody on 19.11.2013 by the respondent police for the alleged commission of offence under Sections 8(c) read with 20-(b)(ii) B of N.D.P.S. Act, in Crime No.194 of 2013 on the file of the respondent police, and seeks bail.

2.The case of the prosecution is that the petitioner was moving in suspicious manner and on search, he was found carrying a bag containing 1.250 kg of kanja.

3.The learned counsel appearing for the petitioners would submit that the petitioner is falsely implicated and purely for statistical purposes, false case has been registered and the petitioner has nothing to do with the alleged commission of offence.

4.The learned Government Advocate (criminal side) would submit that already the petitioner has involved in two previous cases viz., S.T.C.No.470 of 2012 involving 800 grams of kanja and he has been convicted and paid the fine amount and in another case in crime No.5 of 2013, he has involved in possession of 1.100 grams of kanja and that the investigation is pending.

5.This Court, taking into consideration of the above facts and circumstances of the case, especially the fact that the seized contraband is very much less than the commercial quantity, is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is directed to be released on bail each of them on executing a personal bond each 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 https://hcservices.ecourts.gov.in/hcservices/

District Judge/Principal Special Court for E.C. and N.D.P.S. Act Cases, Madurai and on further condition that the petitioner shall appear before the respondent police daily at 11.00 a.m for a period of two weeks and thereafter, as and when required.

sd/- 20/12/2013 / TRUE COPY / Sub-Assistant Registrar TO 1 THE ADDITIONAL DISTRICT JUDGE PRINCIPAL SPECIAL COURT FOR E.C. AND N.D.P.S ACT CASES, MADURAI.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE SUPERITENDENT CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE SEDAPATTI NORTH POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No. 63785. TS/20.12.2013/2P-6C

ORDER

IN CRL OP(MD) No.23073 of 2013 Date :20/12/2013 https://hcservices.ecourts.gov.in/hcservices/