1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.14503 of 2011 KARTHIGAISAMY ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP. BY SUB INSPECTOR OF POLICE SEDAPATTY POLICE STATION, MADURAI DISTRICT CR.NO. 201 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.201 of 2011, on the file of the respondent police, for offence under Sections 8C r/w 20(b) (ii) (B) of NDPS Act [herein referred to as “the Act”]. He has come forward with this petition seeking Anticipatory Bail. 2. According to the case of prosecution, the first accused was found in possession of 1.100 Kgs of Kanja on 01.11.2011. 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 petitioner herein. 3. The learned counsel appearing for the petitioner would submit that the petitioner has got nothing to do with the alleged offences and he has 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 petitioner, but with stringent conditions. (i) 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 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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 eight weeks at 10.30 AM without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. sd/- 09/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI. 2. SUB INSPECTOR OF POLICE SEDAPATTY 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.38550 ORDER IN CRL OP(MD) No.14503 of 2011 Date :09/11/2011 RJ/10.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/