BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.14550 of 2011 1. PETCHIYAMMAL 2. MUNIYANDI ... PETITIONERS/ACCUSED 1 & 2 Vs THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, IN CRIME NO.598/2011, VIRUDHUNAGAR DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.JEGADEESWARAN Advocate For Respondent : MR.K.S.DURAIPANDIAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- There are two petitioners in this petition. They are accused in Crime No.598 of 2011 on the file of the respondent police for the offence under Sections 8(c) r/w.20(b) (ii) (B) of NDPS Act, 1985. They have been in judicial custody from 17.10.2011 onwards. They seek bail. 2. According to the case of prosecution, the petitioners were found travelling in a motor-cycle driven by the second petitioner. When they were intercepted they were found in possession of 3 kgs of ganja. Both the accused were arrested on the same day. 3. The learned Additional Public Prosecutor would submit that so far as the first petitioner is concerned, there are already six previous cases against her. So far as the second petitioner is concerned there is no previous case against him. However, he would oppose the grant of bail for both the petitioners. 4. The learned counsel appearing for the petitioners would deny all the above allegations. 5 I have considered the above submissions. 6. Having regard to the fact that the quantity of gana alleged to have been seized from the petitioners is not a commercial quantity and Section 37 of the NDPS Act is not applicable to this case and all other attendant circumstances, I am inclined to grant bail to the petitioners, but with stringent conditions. 7. Insofar as the first petitioner is concerned, she being a wowan, she enjoys the special status under section 437 Cr.P.C. In such view of the matter, I found that the first petitioner is also entitled for bail at this stage. 8. In the result this petition is ordered and bail is granted to the petitioners on the following conditions :- https://hcservices.ecourts.gov.in/hcservices/ (i) The petitioners shall be enlarged on bail on executing a separate 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 and Sessions Judge/Presiding officer, Special Court for EC And NDPS Act case, Pudukottai; and (ii) the petitioners shall report before the respondent police, everyday at 10.30 am, for a period of eight weeks. sd/- 10/11/2011 / 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 FOR EC AND NDPS ACT CASES, PUDUKOTTAI 2. THE SUPERINTENDENT, CENTRAL PRISON, (WOMEN WING), TRICHY 3. THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4. THE SUPREINTENDENT, CENTRAL PRISON, MADURAI 5. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.JEGADEESWARAN Advocate SR.No.38718 GH : 12.11.2011 : 2P/7C ORDER IN CRL OP(MD) No.14550 of 2011 Date :10/11/2011 https://hcservices.ecourts.gov.in/hcservices/