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Vinothraj v. the Inspector of Police

Madras HC12 Sept 2014CRL OP(MD)/14741/2014

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted bail to the petitioner, who was in judicial custody accused of an NDPS offence involving ganja. Considering prior acquittals in similar cases, the court ordered release on personal bond with sureties and daily reporting.

What did the court decide?

The petitioner is ordered to be released on bail on executing a personal bond for Rs.10,000 with two sureties, on condition to report daily twice to the police.

Vinothraj Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2014)

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

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Friday, the Twelfth day of September Two Thousand Fourteen

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PRESENT

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The Hon`ble Mr Justice K.KALYANASUNDARAM

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CRL OP(MD) No.14741 of 2014

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VINOTHRAJ

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... PETITIONER / ACCUSED NO.2

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Vs THE STATE REP.BY THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. CR. NO. 284 OF 2014. ... RESPONDENT / COMPLAINANT

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For Petitioner : M/S.EDDY & EMBBOSS LAW FIRM Advocate

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For Respondent : MR.K.ANBARASAN, Govt. 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 is A2 and he was arrested and remanded to judicial custody on 17.06.2014 for the alleged offence punishable under section 395 of IPC r/w section 8(c), 20(ii)(A) of NDPS Act, in Crime No.284 of 2014 on the file of the respondent and hence, seeks bail.

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2.The case of the prosecution is that after purchasing Ganja, the petitioner demanded money from the de-facto complainant at the knife point.

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3.The learned counsel appearing for the petitioner submitted that the petitioner was implicated in several previous cases and in all the cases, he was acquitted and the respondent police have filed this case against the petitioner only for statistical purpose.

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4.The learned counsel appearing for the petitioner further submitted that as per the prosecution case, the petitioner was found in possession of 200 grams of Ganja, which is not a commercial quantity and the petitioner has been incarceration for more than 87 days and the respondent police have completed the investigation and also filed the charge sheet. It is further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

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5.Per contra, the learned Government Advocate (Criminal side) objected the application stating that the petitioner was involved in more than seven previous cases of similar in nature.

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6.However, considering the facts and circumstances of the case and https://hcservices.ecourts.gov.in/hcservices/ also considering the stage of case and the petitioner was already acquitted in all other previous cases, this court is inclined to enlarge the petitioner on bail with certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail, on his executing a personal 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 Judicial Magistrate, Aruppukottai and on further condition that the petitioner shall report before the respondent police daily twice i.e., at 10.00 a.m. and 06.00 p.m. until further orders.

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/ TRUE COPY /

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Madurai Bench of Madras High Court,

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1.THE JUDICIAL MAGISTRATE,ARUPPUKOTTAI.

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2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

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3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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4.THE OFFICER INCHARGE,SUB JAIL ARUPPUKOTTAI.

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5.THE INSPECTOR OF POLICE

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ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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+1. CC to M/S.EDDY & EMBBOSS LAW FIRM Advocate SR.No.51615

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RG.12.09.2014 2P.7C.

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

Vinothraj v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Vinothraj v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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