BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.14464 of 2011 1. JEYAKUMAR, 2. THIRAVIYAM ... PETITIONERS/ACCUSED No.2 & 3 Vs THE SUB INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT (CRIME NO.539 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MUNIYANDI 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 petitioners are the accused in Crime No.539 of 2011 on the file of the respondent police for offence under sections 8c r/w 20(b) (ii) (B) of NDPS Act, (hereinafter referred to as “the Act”). They have come forward with this petition seeking anticipatory bail. 2. According to the case of prosecution the petitioners herein are accused 2 and 3 in Crime No.539 of 2011. The first accused was found in possession of 3.750 kgs f Kanja on 02.10.2011. Therefore he was arrested by the respondent police and based on the confession statement given by him to the respondent police, the present case was registered against the petitioners herein. 3. The learned counsel appearing for the petitioners would submit that the petitioners have got nothing to do with the alleged offences and they have been falsely implicated in this case. 4. I have considered the above submissions. Admittedly, section 37 of the Act is not applicable, since the quantity of the contraband allegedly seized from the first accused is not a commercial quantity. Except the confession recorded from the first accused, there is no material collected from the first accused, In such view of the matter, I am inclined to grant Anticipatory bail to the petitioners but with stringent https://hcservices.ecourts.gov.in/hcservices/ conditions. (i) In the result the Criminal Original Petition is ordered and the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the EC and NDPS Act Court, Madurai 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 court concerned and on further condition that the first petitioner shall appear before the respondent police for a period of four weeks at 10.30 am, without fail. The second petitioner shall report before the respondent police as and when required for the purpose of interrogation, The petitioners shall comply with the condition stipulated under section 438 Cr.P.C Scrupulously. sd/- 11/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE PRESIDING OFFICER, EC AND NDPS ACT COURT, MADURAI 2. THE SUB INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DT. 3. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.MUNIYANDI Advocate SR.No.39046 GH : 14.11.2011 : 2P/5C ORDER IN CRL OP(MD) No.14464 of 2011 Date :11/11/2011 https://hcservices.ecourts.gov.in/hcservices/