Madras High CourtCRL OP/4260/2022dismissed

S.Kathiravan @ Thambis v. The State Rep By

2022-03-09Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.4260 of 2022 S.KATHIRAVAN @ THAMBIS [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-4, REDHILLS POLICE STATION, THIRUVALLUR DISTRICT CRIME NO.1402 OF 2021 For Petitioner : M/S. P.CHANDRASEKAR Advocate For Respondent : MR.L.BASKARAN, 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 23.09.2021 for the offences under Sections 8(c), 20(b)(ii)(c), 25, 29(i) of the NDPS act 1985, in Crime No.1402 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the respondent police found the petitioner along with other accused persons were in illegal possession of 120 Kgs of Ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case for statistical purpose and the petitioner has been suffering incarceration for more than four months from 23.09.2021. Hence, he pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner along with other accused persons illegally possessed 120 Kgs of Ganja. He further submitted that the petitioner is having three previous case and it also twin principles under Section 37 of the NDPS Act also not apply to the petitioner.

5. On seeing the gravity of the offence committed by the petitioner and he is having three previous case, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 09/03/2022 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, M-4, REDHILLS POLICE STATION, THIRUVALLUR DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.CHANDRASEKAR Advocate on payment of necessary charges CRL OP.4260/2022 Date :09/03/2022 JPA 18/03/2022 https://hcservices.ecourts.gov.in/hcservices/