1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13125 of 2011 PANDI ... PETITIONER/ACCUSED No.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CHEKKANURANI POLICE STATION, MADURAI DISTRICT, CRIME NO.360/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 8(c) r/w 20(b) (ii) of NDPS Act in Crime No.360 of 2011, on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel appearing for the petitioner would submit that the petitioner was arrayed as A5. He was alleged to be in possession of 1.200 Kgs of Ganja, which is below commercial quantity and the occurrence has been taken place on 23.09.2011. On the basis of the confession given by A1 and A2 only, the petitioner was implicated as A5. Investigation is considerably over. Hence, he has come forward with the present petition. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the alleged occurrence has been taken place on 23.09.2011. On the basis of the confession given by A1 and A2 only, the petitioner was implicated as A5. Investigation is going on and hence, he prayed for dismissal of the application. 4. Considering the rival submissions made by both sides that the alleged occurrence has been taken place on 23.09.2011 and he was not caught red-handed, only on the confession given by A1, the petitioner was implicated as A5, as if he alleged to be the seller of Ganja, but https://hcservices.ecourts.gov.in/hcservices/ 2 from him nothing has been seized. No previous case is pending. Even though, the petitioner was not arrested, neither he interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Special Court for EC & NDPS Act Court, Madurai and on execute 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 Magistrate concerned 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. 6. 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, the petitions for anticipatory bail stand dismissed. sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE SPECIAL COURT FOR EC AND NDPS ACT COURT, MADURAI. 2 THE INSPECTOR OF POLICE,CHEKKANURANI POLICE STATION, MADURAI DISTRICT. 3 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. S.MUNIYANDI Advocate SR.No.34110 ORDER IN CRL OP(MD) No.13125 of 2011 Date :29/09/2011 PA/30.09.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/