CRL OP(MD)/23533/2013 of SIVAKUMAR Vs THE SUB-INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

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 therespondent 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 ofthe respondent police, seeks bail.

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

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

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

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

6. Considering the facts and circumstances of the case this Court isinclined to enlarge the petitioner on bail on the following conditions.Accordingly, the petitioner is directed to be released on bail onexecuting a bond for a sum of Rs.10,000/- (Rupees ten thousand only) withtwo sureties each for a like sum to the satisfaction of the learnedAdditional District Judge of Principal Special Court for EC & NDPS Actcases, Madurai, and on further condition that the petitioner shall stayat Trichy and appear before Trichy Cantonement Police Station daily at10.30 a.m until further orders.

sd/-

30/12/2013

https://hcservices.ecourts.gov.in/hcservices/ / TRUE COPY /

Sub-Assistant Registrar (C.S.)

TO

1 THE ADDITIONAL DISDTRICT JUDGEOF PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES MADURAI

2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAICENTRAL 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