Madras High CourtCRL OP/2329/2023dismissed

Ganesh Moorthy v. The Inspector Of Police

2023-02-09Honourable Mrs Justice T.V.Thamilselvi3 pages

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 grams 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 conditions 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 five accused and the petitioner is arrayed as A3. He further submitted that the petitioner is a prime accused in this case. He also submitted that investigation is at crucial stage. 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 circumstances of the case, since the seized quantity from the accused is 66 grams of Methamphetamine and the investigation is still in process and also considering the gravity of offence committed by the petitioner and now, 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 and there is no change in circumstances of the case, this Criminal Original Petition is dismissed.

09.02.2023 jai

T.V.THAMILSELVI, J.

jai 09.02.2023