Madras High CourtCRL OP/1137/2022dismissed

Radhakrishnan v. State Rep By

2022-01-20Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twentieth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.1137 of 2022 RADHAKRISHNAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, P5, M.K.B. NAGAR POLICE STATION, CHENNAI 600039 CRIME NO.83/2021 For Petitioner : M/S.B.SHANKAR Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 11.02.2021 for the offences under Section 8 (c ) r/w 20 (b) (ii) (c ) of NDPS Act in crime No.83 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner found an illegal possession of 30 kilograms of ganja. Hence, the complaint.

3. The learned counsel for the petitioner would submit that petitioner was no way connected in this case and he was falsely implicated in this case and he was suffering incarceration for more than nine months from 11.02.2021. Hence, he prays to grant of bail to the petitioner.

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4. The learned Government Advocated (Crl.side) raised objection stating that petitioner is detained under Goondas Act. He further submits that the petitioner's bail petition was dismissed by this Court in Crl.OP.No.24273 of 2021 dated 23.12.2021. Hence, he vehemently opposed the grant of bail.

5. Considering the fact and circumstances of the case and the submissions made by both counsel and also the fact that petitioner is detained under Goondas Act and the contraband products involved in this case is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/01/2022 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 INSPECTOR OF POLICE, P5, M.K.B NAGAR POLICE STATION, CHENNAI 600 039.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.B.SHANKAR Advocate on payment of necessary charges CRL OP.1137/2022 Date :20/01/2022 RW 02/02/2022 https://hcservices.ecourts.gov.in/hcservices/