Madras High CourtCRL OP/400/2022dismissed

Mayee v. State Rep.By

2022-01-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Tenth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.400 of 2022 MAYEE [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR CITY.

CRIME NO.1528 OF 2019.

For Petitioner : M/S.B.PARTHIBAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 31.12.2019 for the offences under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, in Crime No.1528 of 2019, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 31.12.2019, when the respondent police officials were on their regular patrol duty near Uthukuli Road, Anaikkadu Privu, they found that the petitioner was illegally transporting 26 Kgs of Ganja through his two wheeler bearing Reg. No. TN58 AH 7114. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that he has been suffering incarceration for more than 2 years from 31.12.2019 and that the investigation is completed and the final report is also filed and the same was taken on file as C.C. No. 38 of 2020 by the Learned https://hcservices.ecourts.gov.in/hcservices/

Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act cases, Coimbatore. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner has got one previous case and would submit that C.C.No.38 of 2020 is pending before the Special Court for Essential Commodities Act cases, Coimbatore is now on the stage of I.O's evidence and if the petitioner is released on bail he would abscond and the trial would be stalled.

5. On seeing the antecedents against the petitioner, if the petitioner is released on bail he would abscond and the trial would be stalled. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL DISTRICT JUDGE/ PRESIDING OFFICER, SPECIAL COURT FOR ESSENTIAL COMMODITIES ACT CASES, COIMBATORE.

2 THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR CITY.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.B.PARTHIBAN Advocate on payment of necessary charges SR.NO.677 CRL OP.400/2022 Date :10/01/2022 JPA 20/01/2022 https://hcservices.ecourts.gov.in/hcservices/