RAJA v. STATE REP.BYTHE INSPECTOR OF POLICE THIRUVARUR TOWN POLICE STATION
Case at a glance
Provisions considered
Key paragraphs
- Para 44. Considering the rival submissions made by either side that the case of the prosecution is that the petitioner was found in possession of 1.100 Kgs of ganja which is below the commercial quantity and as per the version of the learned Additional Public https://hcservices.ecourts.gov.in/hcservices/…
Judgment
Cause title
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Friday, the Fifth day of August Two Thousand ElevenPRESENTThe Hon`ble Ms.Justice R.MALACRL OP(MD) No.10068 of 2011RAJA ..PETITIONER
/ACCUSED Vs.STATE REP.BYTHE INSPECTOR OF POLICE THIRUVARUR TOWN POLICE STATION,( CRIME NO.361 OF 2011
) ..RESPONDENT
/COMPLAINANTFor Petitioner : M/S.V.VENKATESAPERUMAL AdvocateFor Respondent : MR.A.RAMAR,Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER :
The Court Made the following order :-The petitioner is sole accused and he was arrested and remanded to judicial custody on 16.07.2011 for the alleged offence punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act in Crime No.361 of2011 on the file of the respondent police and hence, seeks bail.
The learned counsel for the petitioner would submit that acase has been registered against his for the offence punishable offence under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act. Hefurther submitted that the petitioner was found in possession of1.100 Kgs of ganja and he is in judicial custody and the investigation is considerably over and hence, he prays for enlargement on bail.
The learned Additional Public Prosecutor would submit that no other previous case is pending against the petitioner and the investigation is going on and hence, he prays for dismissal of this application.
Considering the rival submissions made by either side that the case of the prosecution is that the petitioner was found in possession of 1.100 Kgs of ganja which is below the commercial quantity and as per the version of the learned Additional Public https://hcservices.ecourts.gov.in/hcservices/ Prosecutor, no other case is pending against the petitioner and the investigation is considerably over, I am inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each fora like sum to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Judge under E.C.Act Cases, Thanjavur andon further condition that the petitioner shall appear before the concerned Magistrate daily at 10.30 a.m. until further orders. sd/- 05/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE-CUM-SPECIAL JUDGE, UNDER EC ACT CASES, THANJAVUR.2 -Do-Thro' THE PRINCIPAL SESSIONS JUDGE,THANJAVUR.3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.4 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.5 THE INSPECTOR OF POLICETHIRUVARUR TOWN POLICE STATION, THIRUVARUR.+1. CC to M/S.V.VENKATESAPERUMAL Advocate SR.No.26265akm/08.08.11 /2p-7c/ ORDER IN CRL OP(MD) No.10068 of 2011 Date :05/08/2011
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