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.14498 of 2011 1 OCHARU @ OCHA THEVAR 2 SUBBATHAI ...PETITIONERS/ACCUSED NOS.2&3 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE SEDAPPATTY POLICE STATION, MADURAI DISTRICT CRIME NO. 200/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : Mr.K.S.DURAI PANDIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused in Crime No.200 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 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 petitioners herein. 3.The learned counsel appering 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 https://hcservices.ecourts.gov.in/hcservices/ Anticipatory Bail to the petitioners, but with stringent 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 petitioners shall repot before the respondent police for a period of eight weeks at 10.30 AM without fail. The petitioners 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 EC AND NDPS ACT COURT MADURAI 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3.THE SUB INSPECTOR OF POLICE SEDAPPATTY POLICE STATION, MADURAI DISTRICT +1. CC to M/S. S.MUNIYANDI Advocate SR.No.38548 rl/5 c- 10.11.2011 ORDER IN CRL OP(MD) No.14498 of 2011 Date :09/11/2011 https://hcservices.ecourts.gov.in/hcservices/