Allowed

Kumar @ Amblet Kumar v. the Sub Inspector of Police

Madras HC2 Aug 2013CRL OP(MD)/11617/2013

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court granted anticipatory bail to the petitioner, accused under the NDPS Act, due to possession of 4 Kgs of ganja below commercial quantity and an existing pending case, subject to strict reporting and bond conditions.

What did the court decide?

Petitioner released on anticipatory bail upon arrest/appointment with 10,000 rupees bond, two sureties, and daily court reporting.

Kumar @ Amblet Kumar Vs the Sub Inspector of Police — Cheque Dishonour | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of August Two Thousand Thirteen

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PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11617 of 2013

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KUMAR @ AMBLET KUMAR ... PETITIONER / ACCUSED NO.2

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THE STATE REP.BY THE SUB INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT. CR. NO. 213 OF 2013. ... RESPONDENT / COMPLAINANT

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For Petitioner : M/S.S.MUNIYANDI Advocate

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For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side)

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

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ORDER : The Court Made the following order :-

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Heard both sides.

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The petitioner/accused No.2 apprehends arrest at the hands of the respondent Police for the alleged commission of offence punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.213 of 2013 and hence, seeks anticipatory bail.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he would further submit that the petitioner was found in possession of 4 Kgs of ganja, which is below the commercial quantity and hence, he prays for enlargement on anticipatory bail.

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Resisting the same, the learned Government Advocate (Criminal Side) would submit that investigation is going on and one previous case is pending against the petitioner and hence, he prays for dismissal of this application.

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Considering the rival submissions made by both sides and also considering the fact that the petitioner was found in possession of 4 Kgs of ganja, which is below the commercial quantity and one previous case is pending against the petitioner and the investigation is considerably over and even though the petitioner was not arrested, neither he interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner, with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail https://hcservices.ecourts.gov.in/hcservices/ in the event of arrest or on his appearance before the learned Additional District Judge/Principal Special Court for NDPS Act Court, Madurai and on executing a bond for a sum of Rs.10,000/- (Rupees Ten

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Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the concerned Court daily at 10.30 a.m. until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

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The petitioner shall appear before the concerned Magistrate

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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.

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sd/02/08/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE ADDITIONAL DISTRICT JUDGE, PRINCIPAL SPECIAL COURT FOR NDPA ACT COURT,MADURAI. 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3.THE SUB INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT. +1. CC to M/S.S.MUNIYANDI Advocate SR.No.39242 ORDER IN CRL OP(MD) No.11617 of 2013 Date :02/08/2013 rg.06.08.2013 2p/5c.

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

Kumar @ Amblet Kumar v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Kumar @ Amblet Kumar v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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