Madras High CourtCRL OP/1004/2025dismissed

Alex v. State Rep.By

2025-02-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Alex ... Petitioner Vs State Rep.By Inspector of Police, NIB-CID Police Station, Coimbatore District.

(Crime.No.29 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in C.C.No.98 of 2021 in Crime No.29 of 2021 pending on the file of the Learned Additional District Judge, Special Court for Essential Commodities Act Cases, Coimbatore District. For Petitioner : Mr.A.Saranraj For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to enlarge the petitioner on bail in C.C.No.98 of 2021 in Crime No.29 of 2021 pending on the file of the Learned Additional District Judge, Special Court for Essential Commodities Act Cases, Coimbatore District.

2. The petitioner, who was arrested and remanded to judicial custody on 05.07.2021 at the hands of the respondent police for the offences punishable under Sections 8(c), 20 (b) (ii) (C), 25, 29(i) of NDPS Act, 1985, in Crime No.29 of 2021, seeks bail.

3. The case of the prosecution is that the petitioner and other accused were found in possession of 48 Kgs of Ganja illegally. Hence, a case was registered as against the petitioner.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and remanded to judicial custody on 05.07.2021 and this is the 11th bail application. He also submits that the petitioner is ready and willing to abide by any stringent conditions that may be imposed on him. Hence, he prays for grant of bail to the petitioner.

5. The learned Government Advocate (Crl.side) appearing for the respondent would submit that there are totally 3 accused in which the petitioner is arrayed as A1. The first and second accused were in conscious possession of

48 Kgs of Ganga and it is a commercial quantity. He further submits that the Trial has been commenced in C.C.No.98 of 2021 and the earlier bail petitions were dismissed and there is no change of circumstances to entertain this petition. Hence, he vehemently opposed grant of bail to the petitioner.

6. Considering the above facts and circumstances, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 05.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Additional District Judge, Special Court for Essential Commodities Act Cases, Coimbatore District.

2. Inspector of Police, NIB-CID Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

05.02.2025