Allowed

Neelamega Amaran v. the Sub Inspector of Police

Madras HC5 Sept 2014CRL OP(MD)/15408/2014

Case brief

AI extract

What is this about?

The Madurai Bench allowed bail to the petitioner, accused Number 5, in a case under the NDPS Act. Despite the lack of a charge sheet filed by the prosecution, the petitioner, incarcerated for over 185 days, was granted bail with a bond and strict police reporting conditions.

What did the court decide?

Petitioner granted bail to execute a bond of Rs. 10,000 with two sureties of like amount and to report to the police twice daily.

Neelamega Amaran Vs the Sub Inspector of Police — Narcotics (NDPS) | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of September Two Thousand Fourteen PRESENT

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The Hon`ble Mr.Justice K.KALYANASUNDARAM

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CRL OP(MD) No.15408 of 2014

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NEELAMEGA AMARAN ... PETITIONER/ACCUSED NO.5

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Vs STATE.REP.BY

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THE SUB INSPECTOR OF POLICE KARUPPAYOORANI POLICE STATION,

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MADURAI ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S.C.MUTHUSARAVANAN 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/Accused No.5, who was arrested and remanded to judicial custody on 05.03.2014 for the alleged offences punishable under Sections 8(c) r/w.20(b) II(c) and 25 & 29 NDPS Act, in Crime No.423 of 2013 on the file of the respondent police and hence, seeks bail.

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2.The prosecution case is that on 09.11.2013 when the respondent was on patrol duty intercepted the cars bearing Registration Nos.TN 59 AW 5938 and TN 59 BB 5683 and found 26 kgs of Ganja in the Car TN 59 BB 5683 and the contraband weighing 300 kgs of Ganja were disbursed to other accused.

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3.The learned counsel for the petitioner submitted that the respondent has not recovered the contraband from the petitioner. The other accused in this case were already granted bail and anticipatory bail by this Court in Crl.O.P(MD)Nos.20972 of 2013 and Crl.O.P(MD) Nos.23530 of 2013 and 1074 of 2014.

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4.The learned counsel for the petitioner further submitted that the petitioner has been incarceration for more than 185 days, but the respondent has not filed the charge-sheet so far. As per Section https://hcservices.ecourts.gov.in/hcservices/ 36(A)(4) of NDPS Act, the petitioner is entitled for statutory bail.

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5.The learned Government Advocate (Crl.side) submitted that the other accused in this case were already released on bail and anticipatory bail by this Court and the respondent has not filed the charge-sheet so far.

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6.Considering the above said facts, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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 NDPS Cases, Madurai and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m., and 05.00 p.m., until further orders.

sd/-

05/09/2014

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE SPECIAL COURT FOR NDPS CASES,MADURAI.

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2 THE SUPERINTENDENT,CENTRAL PRISON,MADURAI.

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3 THE SUB INSPECTOR OF POLICE KARUPPAYOORANI POLICE STATION, MADURAI.

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

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+1. CC to M/S.C.MUTHUSARAVANAN Advocate SR.No.50168

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ORDER

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CRL OP(MD) No.15408 of 2014 Date :05/09/2014

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PA/05.09.2014/2P/6C

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

Neelamega Amaran v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Neelamega Amaran v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

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