BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14125 of 2011 SELVAKUMAR : PETITIONER/ACCUSED NO.3 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE MANDAPAM MARINE POLICE STATION, RAMNAD DISTRICT. CRIME NO.21/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. T.K.SAMPATH Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the third accused in Crime No.21 of 2011 on the file of the respondent police, for offence under Sections 8C r/w 20 (b) (ii) (B) and 25 of NDPS Act. The petitioner was arrested on 28.09.2011. He has come forward with this petition seeking Anticipatory Bail. 2. According to the case of prosecution, the petitioner was found in possession of 5 Kgs of Kanja on 28.09.2011. 3. The learned Counsel appearing for the petitioner would deny the above allegation. According to him, the petitioner has been falsely implicated in this case. He would further submit that the quantity of the contraband allegedly seized from the petitioner is not a commercial quantity and therefore, Section 37 of the NDPS Act is not applicable. He would further submit that the petitioner has got permanent abode and he will not evade from the process of law. https://hcservices.ecourts.gov.in/hcservices/ 4. I have considered the above submissions. Having regard to the fact that the quantity of the contraband allegedly seized from the petitioner is not a commercial quantity. I am inclined to grant Anticipatory Bail to the petitioner, but with stringent conditions. 5. In the result, the Criminal Original Petition is ordered and the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Additional District Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police for a period of four weeks at 10.30 A.M. without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 04/11/2011 / 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, PUDUKKOTTAI. 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3. THE INSPECTOR OF POLICE, MANDAPAM MARINE POLICE STATION, RAMNAD DISTRICT. +1 CC to M/S. T.K.SAMPATH Advocate SR.No.38347 ORDER IN CRL OP(MD) No.14125 of 2011 Date :04/11/2011 NSV/9.11.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/