Allowed

Chellakali v. the Sub Inspector of Police

Madras HC5 Dec 2013CRL OP(MD)/20030/2013

Case brief

AI extract

What is this about?

Madras High Court granted anticipatory bail to the petitioner accused of alleged offences under the NDPS Act, considering the seized quantity was less than commercial levels despite prior criminal records. The petition allowed bail subject to strict police attendance and bond conditions.

What did the court decide?

Petitioner released on bail in event of arrest on bond of Rs.10,000 with two sureties for similar sum.

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

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

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Thursday, the Fifth day of December Two Thousand Thirteen

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PRESENT

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THE HON`BLE MR.JUSTICE M.SATHYANARAYANAN

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CRL OP(MD) No.20030 of 2013

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CHELLAKALI ... PETITIONER/ ACCUSED NO.4

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THE STATE REP.BY THE SUB INSPECTOR OF POLICE VEERAPANDI POLICE STATION, THENI DISTRICT. CRIME NO.282/2013 ... RESPONDENT/COMPLAINANT

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FOR PETITIONER : M/S.S.MAHENDRAPATHY ADVOCATE FOR RESPONDENT : MR.K.V.RAJARAJAN 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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There are totally four accused in this case and the petitioner is arrayed as A4 and apprehending arrest at the hands of the respondent police for the alleged commission of offences under Section 8(c) r/w 20 (b)(ii)(c) of NDPS Act, in Crime No.282 of 2013, seeks anticipatory bail.

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The case of the prosecution is that on 22.10.2013, the respondent police has conduced a raid and A1 to A4 were found in possession of 5 Kgs of ganja and A1 to A3 were arrested and A4 fled away from the scene of occurrence.

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The learned counsel appearing for the petitioner would submit even assuming without admitting the case of the prosecution is believed, the contraband seized is less than the commercial quantity and that the petitioner is nothing to do with the alleged commission of offences.

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Per contra, the learned Government Advocate (crl.side) has invited the attention of this Court to the counter affidavit filed by the respondent and would submit that apart from that the petitioner involved in two previous cases in Crime No.196 of 2009 and Crime No.452 of 2010 registered by Cumbam North Police Station for similar kind of offences. He further submitted that A1 to A3 were arrested on 22.11.2013 and that investigation is pending.

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This Court, taking into consideration of the above said facts, especially the fact that the seized quantity is less than the commercial quantity, is inclined to enlarge the petitioner on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional District Judge for Special Court for EC & NDPS Act Cases, Madurai and on

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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 District Judge concerned and on further condition that the petitioner shall appear before the respondent police daily at 11.00 a.m., for a period of four weeks and thereafter, as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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The petitioner 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.

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sd/-

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05/12/2013

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/ 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 ADDITIONAL DISTRICT JUDGE FOR SPECIAL COURT

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FOR EC & NDPS ACT CASES, MADURAI.

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2 THE SUB INSPECTOR OF POLICE

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VEERAPANDI POLICE STATION, THENI DISTRICT.

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3 THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC TO M/S.S.MAHENDRAPATHY ADVOCATE SR.NO.60667.

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ORDER

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CRL OP(MD) No.20030 of 2013

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Date :05/12/2013

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2P/5C RPB 09.12.2013

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

Chellakali v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Chellakali 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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