1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12145 of 2011 GANI IBRAHIM ... PETITIONER/ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VALLINOKKAM POLICE STATION, IN CRIME NO.48/2011, RAMANATHAPURAM DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.VENKATESWARAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A1 and he was arrested and remanded to judicial custody on 21.07.2011 for the alleged offence punishable under Section 8(c) r/w 20(b) (ii) (c) of Narcotic Drugs and pshychotropic Substances Act, 1985, in Crime No.48 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that on 21.07.2011 at 7.35 a.m., while the respondent has raided, at that time the petitioner and A2 were arrested by them for having in possession of ganja of 36 Kgs. He further submitted that during the investigation, it was found that each of the accused was in possession of 18 kgs of ganja, which is below the commercial quantity. He further submitted that he was involved in one case in the year 2005 and the same was ended in conviction, in which, six years imprisonment was imposed on the petitioner and he had undergone the period of imprisonment. He further submit that the petitioner is suffering from heart ailments and also fixed the pace maker and the investigation is considerably over and hence, he prays for enlargement of bail. 3. The learned Additional Public Prosecutor would submit that the petitioner and A2 having in possession of 18 Kgs of ganja each, which is below the commercial quantity. He further submitted that except this case, no other case is pending against him and the investigation is https://hcservices.ecourts.gov.in/hcservices/ 2 going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the petitioner was found in possession of 18 Kgs ganja, which is below the commercial quantity and the petitioner, was already convicted in one case in the year 2005, in which, six years imprisonment was imposed on the petitioner and he had undergone the period of imprisonment and the petitioner is suffering from heart ailments and also pace maker was fixed and he is in custody from 21.07.2011, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail on his 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 & Sessions Judge/Presiding Officer, Special Court under EC and NDPS Act cases, Pudukkottai, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER, SPECIAL COURT UNDER EC AND NDPS ACT CASE,PUDUKKOTTAI. 2 THE OFFICER INCHARGE,SUB JAIL,MUDUKULATHUR. 3 THE INSPECTOR OF POLICE,VALLINOKKAM POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. R.VENKATESWARAN Advocate SR.No.31743 ORDER IN CRL OP(MD) No.12145 of 2011 Date :16/09/2011 PA/16.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/