Allowed

M. Babu @ Kubicil v. Thje Inspector of Police

Madras HC14 Feb 2013CRL OP(MD)/115/2013

Case brief

AI extract

What is this about?

This court allowed a petition for anticipatory bail under Section 438 Cr.P.C. for an accused in an NDPS case, ruling that custodial interrogation was not necessary and granting bail subject to stringent conditions including daily police appearance.

What did the court decide?

Petition allowed; petitioner granted anticipatory bail subject to executing a bond of Rs. 10,000 with sureties and appearing daily before police.

M. Babu @ Kubicil Vs Thje Inspector of Police — Narcotics (NDPS) | Madras HC (2013)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

¶2

Thursday, the Fourteenth day of February Two Thousand Thirteen

¶3

PRESENT

¶4

The Hon`ble Ms.Justice K.B.K.VASUKI

¶5

CRL OP(MD) No.115 of 2013

¶6

M. BABU @ KUBICIL ... PETITIONER / ACCUSED NO.2

¶7

¶8

THE STATE REP.BY THE INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION KANYAKUMARI DT, CR NO. 873/2012 ... RESPONDENT / COMPLAINANT

¶9

For Petitioner : M/S. H.VELAVADHAS Advocate For Respondent : MR.P.KANNITHEVAN,Govt. Advocate ( Crl. Side)

¶10

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

¶11

ORDER : The Court Made the following order :-

¶12

The petitioners/accused No.2 in Crime No.873 of 2012 on the file of the respondent police has by apprehending arrest for the alleged offences punishable under Sections 8C r/w 20(b)(ii) b NDPS Act 1985, approached this Court for an order for his release on anticipatory bail under Section 438 of the Code of Criminal Procedure.

¶13

2.Heard the submissions made by the learned counsel appearing for the petitioner and by the learned Government Advocate (Criminal side) appearing for the State.

¶14

3.Considering the nature of allegations raised against the petitioner and the quantity of drug involved and the circumstances under which the petitioner is implicated in the case as one of the accused, and the stage of investigation, this Court is of the view that custodial interrogation of the petitioner is not necessary. Hence, the petitioner is granted anticipatory bail subject to stringent conditions.

¶15

4.In the result, this petition is allowed and it is hereby directed that the petitioner shall be released on bail in the event of his arrest or on his surrender before the Court concerned within fifteen days from the date of receipt of a copy of this order, subject to the following conditions:

¶16

(i) The petitioner shall execute 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 Special Court for NDPS Act, Madurai;

¶17

https://hcservices.ecourts.gov.in/hcservices/ (ii) The petitioner shall appear before the respondent-police daily at 10.30 A.M and 05.00 P.M until further orders; and

¶18

(iii)The petitioner shall follow Section 438 Cr.P.C. Scrupulously.

¶19

/ TRUE COPY /

¶20

Madurai Bench of Madras High Court,

¶21

¶22

1.THE SPECIAL JUDGE, THE SPECIAL COURT FOR NDPS ACT,MADURAI.

¶23

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

¶24

3.THE INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION KANYAKUMARI DISTRICT.

¶25

+1. CC to M/S. H.VELAVADHAS Advocate SR.No.9188

¶26

RG.19/02/2013 2P/5C

¶27

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

M. Babu @ Kubicil v. Thje Inspector of Police

Case brief

What is this about?

What did the court decide?

M. Babu @ Kubicil v. Thje Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr.v.Rathakrishnan, Vs the Superintendent of Police

Parakkathulla Vs the Inspector of Police

Malaisamy, Vs the Inspector of Police

Regan Vs the Inspector of Police

Chandramohan, Vs the Inspector of Police

Sabari @ Sabarinathan Vs the Inspector of Police