Dinesh Babu @ Pambu Dinesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2022
CORAM:
THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No.2922 of 2022 Dinesh Babu @ Pambu Dinesh
...Petitioner
Vs.
State by ... Respondent The Inspector of Police, T-10, Thirumullaivoyal Police Station, Chennai (Crime No.926 of 2021) PRAYER:
Criminal Original Petition has been filed under Section 439 of Criminal Procedure Code, 1973 praying to enlarge the petitioner on bail in Crime No.926 of 2021 on the file of the respondent police. For Petitioner : Mr.S.Senthilkumar For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 15.12.2021 for the offences under Sections 8(c), 20(b) (ii) (B) of NDPS Act in Crime No.926 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 1.300 kg 'ganja' without valid licence. Hence the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 15.12.2021 onwards. Hence, he prays for bail to the petitioner.
4. M/s.G.V.Kasthuri, learned Additional Public Prosecutor appearing for the respondent police, by filing counter raised objection stating that the petitioner is having the following five previous cases:
S.No.
Police Station and Crime Number Section of Law Present Stage T-10 Thirumullaivoyal PS Cr.No.1196 of 2016 u/s 341, 302, 120(b), 147, 148, 302 IPC Pending Trial T-10 Thirumullaivoyal PS Cr.No.1237 of 2017 u/s 379 IPC Under investigation T-10 Thirumullaivoyal PS Cr.No.882 of 2016 u/s 341, 294(b), 384, 506(ii) IPC Under investigation T-10 Thirumullaivoyal PS Cr.No.7 of 2021 u/s 341, 324, 506(ii) IPC Under investigation T-10 Thirumullaivoyal PS Cr.No.239 of 2021 u/s 147, 148, 294(b), 341, 307, 323 IPC Under investigation
5. The submissions made by the learned Counsel on either side are considered.
6. Though the quantity of the contraband possessed by the petitioner is a small one, considering the fact that the petitioner is having five previous cases, wherein four cases are under investigation, this Court is not inclined to grant bail to the petitioner.
7.Accordingly, this criminal original petition is dismissed. -sd/- 16/02/2022 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, T-10, THIRUMULLAIVOYAL POLICE STATION, CHENNAI.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL II, CHENNAI.
CC to M/S.S.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.2922/2022 Date :16/02/2022 TA-22/02/2022