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Madras High CourtCRL OP/2313/2022dismissed

Stephen v. The State Rep By The Inspector Of Police

2022-02-02Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Second day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.2313 of 2022 STEPHEN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M3 PUZHAL POLICE STATION, CHENNAI DISTRICT.

(CRIME NO.1427/2021) For Petitioner : M/S S.P.MEENAKSHI SUNDHARAM 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 petitioner who was arrested and remanded to judicial custody on 08.12.2021 for the offences under Section 8(c) r/w 20 (b) (ii) (B) of NDPS Act, in crime No.1427 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused found illegal possession of 2 kgs of ganja. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner was no way connected in this case and he was falsely implicated in this case and he was suffering incarceration for more than 57 days from 08.12.2021. He would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) raised an objection stating that the petitioner, who is A2 along with others were in illegal possession of 2 kgs of ganja. He further submits that the contraband involved in this offence is 2 kgs of ganga and the same is an intermediate quantity and the respondent police referred bad antecedents of the petitioner that there are eight IPC cases including one murder case pending against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also the submissions made by both counsel and also considering the fact that the contraband involved in this offence is 2 kgs of ganga and the same is an intermediate quantity and also considering the previous cases pending as against the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/02/2022 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, M3 PUZHAL POLICE STATION, CHENNAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S S.P.MEENAKSHI SUNDHARAM Advocate on payment of necessary charges CRL OP.2313/2022 Date :02/02/2022 INBA~14/02/2022 https://hcservices.ecourts.gov.in/hcservices/