BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of April Two Thousand Eleven PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.4228 of 2011 1 MAYANDI 2 PAECHI 3 ESWARAN ... PETITIONERS/ACCUSED NO.2 TO 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE KAMBAM SOUTH POLICE STATION, CR NO. 44/2011, THENI DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M.SUBASH BABU Advocate For Respondent : MR.L.MURUGAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- There are totally 4 accused and these petitioners are arrayed as A2 to A4 and apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 8(c) r/w 20(b) II (B) of N.D.P.S. Act in Crime No.44 of 2011 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that A1 has driven the auto and the petitioners are said to be the occupants of the said auto and when the auto was intercepted and a search was made, a bag was found which contained 2950 gms of Ganja. 3.The learned counsel appearing for the petitioners would submit that petitioners are falsely implicated in this case and on the date of alleged occurrence, they never travelled in the auto and assuming that the contraband was recovered it cannot be taken that they were in conscious possession of the contraband. 4.The learned Government Advocate (Crl.side) would submit that A1 was arrested and enlarged on bail and that the petitioners are not having any bad antecedent. 5.This Court taking into consideration of the facts and circumstances of the case, is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the District and Sessions Judge, Specail Court for NDPS Act cases, Madurai and each of them shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each https://hcservices.ecourts.gov.in/hcservices/ for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 11.00 a.m. for a period of two weeks and thereafter as an when required for interrogation. The petitioners shall comply with the conditions 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 petition for anticipatory bail stands dismissed. Sd/- 08/04/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR NDPS ACT CASES, MADURAI 2 THE PRINCIPAL SESSIONS JUDGE, MADURAI 3 THE INSPECTOR OF POLICE KAMBAM SOUTH POLICE STATION, THENI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. M.SUBASH BABU Advocate SR.No.13081 ssk/09.04.2011 /6c -2p/- ORDER IN CRL OP(MD) No.4228 of 2011 Date :08/04/2011 https://hcservices.ecourts.gov.in/hcservices/