BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.S.KARNAN CRL OP(MD) No.13500 of 2011 CHELLAMMAL ... PETITIONER / SOLE ACCUSED Vs STATE THROUGH THE SUB-INSPECTOR OF POLICE PALANI ADIVARAM POLICE STATION, DINDIGUL DISTRICT. IN CRIME NO.328 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner prays for the grant of bail under Section 439 Cr.P.C. for the alleged offence punishable under Section 8(c) read with 20(b)(ii) B of NDPS Act in Crime No.328 of 2011, on the file of the respondent-police. 2. Heard Mr.S.Muniyandi, learned counsel appearing for the petitioner and also Mr.A.Ramar, learned Government Advocate (Criminal Side) appearing for the State. 3. The learned Counsel for the petitioner submits that the petitioner is the sole accused and he has been arrested on 15.09.2011 for the alleged offence under Section 8(c) read with 20(b)(ii) B of NDPS Act on the allegation that he was found in possession of having 3 kgs of ganja in Crime No.328 of 2011 on the file of the respondent police. 4. The learned Government Advocate (Crl. Side) submits that the petitioner is the sole accused and he has been arrested on 15.09.2011 on the allegation that he was found in possession of having 3 Kgs of ganja. It is further submitted that the contraband is within the limit of commercial quantity and the petitioner has suffered 14 previous conviction and the entire contraband was also seized. 5. It is seen that the petitioner is the sole accused and he is undergoing the incarceration right from 15.09.2011 on the allegation that he was found with possession of having 3 kgs of ganja. Considering the nature of allegation to the effect that the contraband is within the limit of less than commercial quantity and https://hcservices.ecourts.gov.in/hcservices/ the entire contraband was already seized. Apart from the petitioner is undergoing the incarceration right from 15.09.2011 and coupled with the fact that the petitioner has suffered 14 previous conviction, this Court is of the view that no prejudice would be caused to the prosecution in the event of his release on bail with stringent condition. 6. Accordingly, the petitioner is directed to be enlarged on bail on condition that he execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two Government sureties each for a likesum to the satisfaction of the learned Special Court for EC and NDPS Act Court, Madurai and on further condition that the petitioner shall appear before the respondent police until further orders. sd/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SPECIAL COURT FOR EC AND NDPS ACT COURT, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE SUB-INSPECTOR OF POLICE PALANI ADIVARAM POLICE STATION, DINDIGUL DISTRICT. 4 THE OFFICER INCHARGE WOMEN CENTRAL PRISON, TRICHY +1. CC to M/S. S.MUNIYANDI Advocate SR.No.34693 ORDER IN CRL OP(MD) No.13500 of 2011 Date :04/10/2011 SMA/04.10.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/