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.12636 of 2011 PRAVEENKUMAR ... PETITIONER / ACCUSED 5 Vs STATE REP BY:: THE INSPECTOR OF POLICE NIB CID POLICE STATION, THENI DISTRICT, CRIME NO.68/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K.JEGANATHAN Advocate For Respondent : MR. A. RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A5 and he was arrested and remanded to judicial custody on 18.08.2011 for the alleged offence punishable under Section 8(c) r/w 20(b) (ii)(C) and 25 of NDPS Act, in Crime No.68 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is only a driver, he has no way connected in the alleged commission of offence. He further submitted that A2 to A4 alone have found in possession of 20 KGs of Ganja each. He further submitted that the petitioner has been falsely implicated in this case and he is in custody for more than 50 days and hence, he prays for enlargement on bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that a case has been registered against five persons. He fairly conceded that the petitioner is only a driver and no case is pending against him. He further submitted that at the time of inspection, totally 240 Kgs Ganja has been seized in the vehicle and https://hcservices.ecourts.gov.in/hcservices/ A1 has found in possession of 180 Kgs and A2 to A4 have found in possession of 20 Kgs of Ganja each and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 17.08.2011 and A1 has found in possession of 180 Kgs Ganja and A2 to A4 have found in possession of 20 Kgs of Ganja each and the petitioner is only a driver and no case is pending against the petitioner, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Special District and Sessions Judge for NDPS Cases, Madurai, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SPECIAL DISTRICT AND SESSIONS JUDGE, NDPS CASES,MADURAI 2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 3 THE SUPERINTENDENT OF CENTRAL PRISON, MADURAI 4 THE INSPECTOR OF POLICE NIB CID POLICE STATION, THENI DISTRICT, 1. CC to M/S. K.JEGANATHAN Advocate SR.No.34235: DM::2011:SEPTEMBER:30:: ORDER IN CRL OP(MD) No.12636 of 2011 2P:6C:: Date :29/09/2011 https://hcservices.ecourts.gov.in/hcservices/