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)Nos.12557 & 12998 of 2011 1 KASUPANDI 2 PANDI 3 CHELLADURAI 4 BOOMINATHAN 5 OCHCHARU @ OCHATHEVAR 6 MANI 7 LAILA :PETITIONERS/ACCUSED NOS.4 TO 7&9 TO 11 IN CRL OP(MD)NO.12557/11 CHANDRAN @ RAVICHANDRAN :PETITIONER/ACCUSED NO.8 IN CRL OP(MD)NO.12998/11 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, M.KALLUPATTY POLICE STATION,MADURAI DISTRICT. CR NO. 86/2011 :RESPONDENT/COMPLAINANT IN BOTH CRL OP'S For Petitioner in both Crl.OP's:M/S. S.MUNIYANDI Advocate For Respondent in both Crl.OP's:MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- In Crl.OP.No.12557 of 2011, the petitioners are arrayed as Accused Nos.4,5,6,7,9,10 and 11 and in Crl.OP.No.12998 of 2011, the petitioner is arrayed as Accused No.8. The petitioners apprehend 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.86 of 2011, on the file of the respondent police and hence seek anticipatory bail. 2.The learned counsel appearing for the petitioners would submit that the petitioners are arrayed as Accused Nos.4 to 11. He further submitted that A1 and A2 were caught red-handed on 29.08.2011, possessing 1.250 Kgs of Ganja. On the basis of the confession given by A1, A3 was implicated. A3 was arrested and on his confession only A4 to A11 were implicated and they were not possessed with Ganja or contraband article, now they are apprehending arrest at the hands of the respondent police. Hence, they have come forward with the present petition. 3.Refuting the same, the learned Additional Public Prosecutor, would submit that the case has been registered under section 8(c) r/w 20(b)(ii) B of NDPS Act and the petitioners are arrayed as Accused Nos.4 to 11 and no previous case is pending against them. Investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 29.08.2011. A1 and A2 https://hcservices.ecourts.gov.in/hcservices/ 2 were caught red-handed on 29.08.2011, possessing 1.250 Kgs of Ganja. On the basis of the confession given by A1, A3 was implicated. A3 was arrested and on his confession only A4 to A11 were implicated and they were not possessed with Ganja or contraband article. As per the version of the learned Additional Public Prosecutor, no previous case is pending against the petitioners. Since the petitioners are not possessed with ganja or contraband article but A1 and A2 possessed with Ganja and investigation is going on, the petitioners were not arrested neither they interfere with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their 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) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under section 438 Cr.P.C. scrupulously. 6.The petitioners 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 Judge, EC & NDPS Act Court, Madurai. 2.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Inspector of Police, M.Kallupatty Police Station, Madurai District. +2. CC to M/S. S.MUNIYANDI Advocate SR.No.34112 & 34113. RP/03.10.2011/2P/6C. ORDER IN CRL OP(MD)Nos.12557 & 12998 of 2011 https://hcservices.ecourts.gov.in/hcservices/