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Madras High CourtCRL OP/2646/2023dismissed

Murugan v. The State Rep By Its,

2023-02-06Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 21.07.2022 for the alleged offence under Sections 8 (c), r/w 20 (b) (ii)(C), 25, 29(1) of NDPS Act in Crime No.50 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that the petitioner along with other accused were found in possession of 240 kgs of Ganja without any valid license or permit. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no iota of truth in the complaint and he is no way connected with the said offence. He would submit that he has not at all committed any offence as alleged by the respondent police and the contraband has recovered from this petitioner. He would submit that the investigation is almost completed and

that the petitioner has been suffering incarceration from 21.07.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are nine accused involved in this case and the petitioner is arrayed as A8. He further submit that NBW is pending against A9. He would submit that now the trial is also begin and it will completed within three months. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation and he filed a counter. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner, and now the trial is begin and there is possibility of tampering the witnesses and hampering the investigation . The learned Government advocate had filed a counter, agreeing with the contents of the learned Government advocate, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

However, the trial court is directed to complete the trial and dispose the case within a period of three months from the date of receipt of copy of this order.

06.02.2023 vsn

T.V.THAMILSELVI, J.

vsn 06.02.2023