Ganesh Moorthy v. The Inspector Of Police

Crl.O.P.No.204 of 2023 Crl.O.P.No.204 of 2023 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 13.11.2022 for the alleged offence under Sections 8(c) r/w 22 (c), 29(i) of NDPS Act 1985 in Crime.No.289 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused persons was involved in illegal transportation of 66 gms of Methamphetamine without any valid licence. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution, no contraband was recovered from the petitioner. He further submitted that the mandatory condition were not complied with by the respondent police. He further submitted that the petitioner has no criminal past and suffering from incarceration from 13.11.2022. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that totally there are four accused, the petitioner is arrayed as A3. He further T.V.THAMILSELVI, J.

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Crl.O.P.No.204 of 2023 vsn submit that there is no previous case as against the petitioner and there was no contraband was recovered and he further submit that the investigation is still pending. If the accused is released on bail he will either abscond or commit similar offence and that there is every possibility of him interfering with further investigation in the case. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the fact and submissions of the learned counsel on both side and since the seized quantity from the accused is 66 gms of Methamphetamine. The trial has not completed and also considering gravity of offence committed by the petitioner, and now the trial is begun and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

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