Allowed

Jayamani v. the Inspector of Police

Madras HC8 Jun 2018CRL OP(MD)/9281/2018

Case brief

AI extract

What is this about?

The Madras High Court granted bail to a female sole accused arrested under the NDPS Act for a small quantity. The Court noted the investigation was substantially over and released the petitioner on a bond with interim bail bail conditions.

What did the court decide?

The petitioner was released on bail subject to execution of a bond with two sureties, appearance before authorities, and prohibition of absconding.

Jayamani Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2018)

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

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Friday, the Eighth day of June Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr.Justice G.R.SWAMINATHAN

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CRL OP(MD) No.9281 of 2018

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JAYAMANI ... PETITIONER / SOLE ACCUSED

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THE STATE REPRESENTED BY

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THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, THANJAVUR DISTRICT. CRIME No.89/2018. ... RESPONDENT / COMPLAINANT

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For Petitioner : Mr.S.MUTHUMALAIRAJA Advocate

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For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU,

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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 arrayed as sole Accused. She was arrested and remanded to judicial custody on 19.05.2018 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (c) and 29(1) of NDPS, 1985 IPC, in Crime No.89 of 2018 on the file of the respondent police. She seeks bail.

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2.The quantity involved in this case is a small quantity.

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3.The learned counsel appearing for the petitioner submitted that petitioner is an innocent person and that the petitioner has not committed any offence as alleged by the prosecution and prays for bail in favour of the petitioner.

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4.The learned Government Advocate(Criminal Side) submitted that the petitioner has two previous cases to her credit registered under Prohibition Act.

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5.Taking note of the fact that the petitioner is a lady and the investigation is substantially over and also considering the period of incarceration, this Court is inclined to enlarge the petitioner https://hcservices.ecourts.gov.in/hcservices/ on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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(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 learned II Additional Sessions Judge for Special Court under E.C.Act Cases, Thanjavur.

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(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation.

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(iii)the petitioner shall not abscond.

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(iv)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/-

08/06/2018

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court, Madurai - 625 023.

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