Allowed

Sunduskhan v. the Inspector of Police

Madras HC19 Sept 2013CRL OP(MD)/11099/2013

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court granted bail to the petitioner, an accused under the NDPS Act, considering he was implicat-e information by co-accused, as two others were already on bail and the case was split due to absconding fellow accused.

What did the court decide?

Petitioner released on bail upon executing a bond of Rs. 10,000 with two sureties and reporting daily to police.

Sunduskhan Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Thursday, the Nineteenth day of September Two Thousand Thirteen

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PRESENT

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The Hon`ble Mr.Justice C.T.SELVAM

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CRL OP(MD) No.11099 of 2013

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SUNDUSKHAN ... PETITIONER/ACCUSED NO.6

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STATE REP BY THE INSPECTOR OF POLICE NIBCID, RAMANATHAPURAM DISTRICT. ... RESPONDENT/COMPLAINANT CRIME NO.40/11

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For Petitioner : M/S.M.SEENI SULTHAN Advocate

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For Respondent : M/S.S.PRABHA, Government Advocate(Crl.side)

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PETITION FOR BAIL Under Sec. 439 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner/A6, who was arrested and remanded to the judicial custody, on 20.07.2011 for the alleged offences under Sections 8(C) r/w 21(B) 20(C), 29 of NDPS Act, r/w 3(A) 6(A) of Passport Act, in Crime No.40 of 2011, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that A1 and A3 were found in possession of 370 grams of heroin and 30 Kgs of Ganja and the petitioner was roped in this case by the respondent police under the confession of co-accused persons on the allegation of aiding the A1 and A3.

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3.Learned Counsel for the petitioner would submit that the petitioner is innocent and he has no way connected with the alleged offence and the contraband was not recovered from the possession of the petitioner and he was only implicated in this case under the confession of co-accused.

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4.Learned Government Advocate(Crl. Side) would submit that the investigation is in initial stage. She further submits that a case has been registered against the petitioner and few others for the alleged possession of 470 grms of Heroin and 30 Kgs of Kanja and the charge sheet has been filed in this and was taken on file. She further submits that A2 already released on bail .

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Considering the facts and circumstances of the case and also considering the fact that the co-accused in this were granted relief on bail by this Court and that an another accused was released on statutory https://hcservices.ecourts.gov.in/hcservices/ bail, though two other accused are absconding and the case stands split up against them and the petitioner is in custody from 20.07.2011, this Court is inclined to grant bail to the petitioner.

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Accordingly, the petitioner is directed 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 Court for E.C Act and NDPS Act, cases, Pudukkottai, and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders.

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sd/19/09/2013 / TRUE COPY /

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Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,

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Madurai - 625 023.

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1 THE SPECIAL JUDGE FOR E.C. ACT AND NDPS ACT CASES,

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PUDUKKOTTAI

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2 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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3 THE INSPECTOR OF POLICE NIBCID, RAMANATHAPURAM DISTRICT.

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4 THE SUPERINTENDENT CENTRAL PRISON, COIMBATORE. +1. CC to M/S.M.SEENI SULTHAN Advocate SR.No.46620 ORDER IN CRL OP(MD) No.11099 of 2013 Date :19/09/2013 NA/20/09/2013/P2/6C

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https://hcservices.ecourts.gov.in/hcservices/

Sunduskhan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Sunduskhan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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