BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10482 of 2011 1. DEIVAM 2. MALAISAMY ... PETITIONER ACCUSED NO.1 & 2 Vs THE SUB-INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT, ( CRIME NO.232 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR,( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 & A2 and they were arrested and remanded to judicial custody on 03.08.2011 for the alleged offences punishable under sections 8(c) r/s.20(b)(ii)(B) and 25 of NDPS Act, in Crime No.232 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioners would submit that a false case has been foisted against the petitioners for the offence under Sections 8(c) r/w.20(b)(ii)(B) an d25 of NDPS Act and they were arrested and remanded to judicial custody on 03.08.2011. He would further submit that the petitioners were intercepted and carrying a bag containing 10 kgs of ganja each, which is below commercial quantity and the investigation is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.Side) would submit that the investigation is going on and no previous case is pending against the petitioner 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 petitioners were found in possession of 10kgs of ganja each which is below commercial quantity and no previous case is pending against the petitioner, I am inclined to grant bail to the petitioners with certain conditions. Accordingly the petitioners are ordered to be released on bail and each of them 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 EC & NDPS Act Court, Madurai and on further condition that the petitioners shall appear before the Court concerned daily at 10.30 am., until further orders. sd/- 12/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE SPECIAL JUDGE, EC & NDPS ACT CASES, MADURAI 2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 3. THE SUB-INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT, 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. S.MUNIYANDI Advocate SR.No.27366 GH : 12.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.10482 of 2011 Date :12/08/2011 https://hcservices.ecourts.gov.in/hcservices/