BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9238 of 2011 SEENIVASAN : PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE SUB-INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT. CRIME NO.725 OF 2010 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(C) NPDS Act, in Crime No.725 of 2010 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner arrayed as A2 and a false case has been registered against him under Sections 8(c) r/w 20(b)(ii)(C) NPDS Act, in Crime No.725 of 2010 and the occurrence took place on 27.12.2010 and the investigation is over and charge sheet has also been filed. Hence, the petitioner apprehend arrest and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submits that totally 25 Kgs Ganja has been seized from A1 and A2 and A1 possessed 13 Kgs of Ganja and A2 possessed 12 Kgs of Ganja and the investigation is over and charge sheet has also been filed which was taken on file in C.C.No.75 of 2011 and no previous case is pending against the petitioner and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions on 27.12.2010, while the petitioner has possessed 12 Kgs of Ganja and the case has been registered under Section 8(c) r/w 20(b)(ii)(C) NPDS Act, in Crime No.725 of 2010 and the charge sheet has been filed which was taken on file in C.C.No.75 of 2011 and the petitioner has alleged possession in 12 Kgs of Ganja which is below a commercial quantity. Hence, I am inclined to grant anticipatory bail to the petitioner with certain conditions. The petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the EC & NDPS Act Court, Madurai, and on 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 EC & NDPS Act Court, Madurai, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously and further that the petitioner is directed to appear before the Court on receipt of summons. 5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. Sd/- 08/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE SPECIAL JUDGE, EC & NDPS ACT CASES, MADURAI. 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3. THE SUB-INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT. +1 CC to M/S. S.MUNIYANDI Advocate SR.No.26798 ORDER IN CRL OP(MD) No.9238 of 2011 Date :08/08/2011 NSV/9.8.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/