P R MUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition coming on for hearing on Wednesday type 19th, Thursday the 20th, Friday the 21st, Monday, the 21st, Wednesday the 26th days of February 1992 and this day upon perusing the petition and the order of this Court dated 7-2-1992 and made in Cr1. O.P. No. 1442 of 1992 and upon hearing the arguments of Mr. M. Karpagavinayagam for Mr. M.B.S. Manian, advocate for the petitioner and of Mr. I. Subramanian, Additional PublicT Prosecutor on behalf of the State, the court made the following order: On 2-2-1992, the Inspector of Police, R-l Police Station, Mambalam, Madras, along with other police personnel, was available near the bus stand at Mambalam doing bandobust duty, in connection with some labour unrest, prevailing in that area. At about 17-20 hours; the petitioner herein, namely, P.R. Muthu, was stated to be found loitering near the bus stand under suspicious circumstances. The said Inspector of Police suspecting some foul-play, was stated to have interrogated him and also searched his person. Such a search, it is said, revealed is having been found in possession of 750 grams of ganja. Immediately, it is said, he was taken into custody and a case in Cr. No. 411/92 of R-l Police Station, Mambalam had been registered for the alleged offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act). Laterly, on the same day, it is said, he was remanded to judicial custody by the XVII Metropolitan Magistrate, Saidapet, Madras for a total period of fifteen days that is to say, from 4th to 18th of February, 1992.

(2.) On 5th February, 1992, it is said, he moved an application in Cr1. M.P. 463/92 for his release on bail before the Court of Session, Madras and the same had been dismissed on the next day, namely, 6th February, 1992.

(3.) On the evening of that date itself, it is said, an application in Cr1. O.P. 1442 of 1992 had been filed before this Court for his release on bail and the same came up before this court for enquiry on 7th February, 1992, on which date, after hearing the arguments of learned Government Advocate as well as learned counsel for the petitioner, the court passed an order, the operative portion of which is to the following effect: The petitioner is therefore ordered to be released on bail for a period of five days, on his executing a bond for a sum of Rs.5,000/- (Rupees five thousand only) with two sureties, each for a like sum to the satisfaction of the XVII Metropolitan magistrate, Saidapet, Madras or any other Magistrate, who is put in charge of the said court. It is however made clear that the petitioner must have to surrender before the said court, on his own accord at 4 p.m. on 13-2-1992 (Thursday) without fail".