Madras High CourtCRL OP/5078/2022dismissed

Badhmanaban @ Badhmanathan @ Chinna Thambi v. State Rep By

2022-03-11Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eleventh day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5078 of 2022 BADHMANABAN @ BADHMANATHAN @ CHINNA THAMBI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, F2-SIPCOT POLICE STATION, THIRUVALLUR DISTRICT.

(CRIME NO.342 OF 2021) For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested at the hands of the respondent police for the alleged offences under sections 8(c) r/w. 20(b)(ii)(B) of N.D.P.S. Act in Crime No.342 of 2021 seeks bail.

2. The petitioner herein is an absconding accused in Crime No.342 of 2021 for the offences under Section 8(c) r/w. 20(b)(ii)(B) of NDPS Act,1985 and subsequently involved in similar offence in Crime No.3 of 2022 on the file of Thiruthani Police Station and was arrested. He was granted bail on 04.02.2022, in the said case registered in Crime No.3 of 2022. Meanwhile, knowing about his arrest in subsequent case, the Investigating Officer in Crime No. 342 of 2021 has obtained PT warrant on 28.07.2021 and made a formal arrest on 03.01.2022. Having obtained bail in the earlier case on 04.02.2022, the petitioner has come before this court seeking bail in the present case (Crime No. 342 of 2021).

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3. The learned Additional Public Prosecutor has filed a counter, wherein she narrated the actual background has stated above and further stated that the investigation is not yet completed and lab report is yet to be received. She also pointed out that, on seeing the riding party, the petitioner herein ran away from the scene of crime. She further submitted that the petitioner has involved in subsequent case of similar nature, if he released on bail there is every possibility of recurring the offence. Hence, she opposed for grant of bail to the petitioner.

4. On considering the objection made by the learned Additional Public Prosecutor, in the light of the quantity of the contraband recovered from this petitioner and his conduct of involvement in similar offence, while he was in abscondance, this court is of the view that grant of bail at this juncture is not conducive for smooth investigation and trial.

5. Accordingly, this Criminal Original petition is dismissed. -sd/- 11/03/2022 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

2 THE INSPECTOR OF POLICE, F2-SIPCOT POLICE STATION, THIRUVALLUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.5078/2022 Date :11/03/2022 RW 22/03/2022 https://hcservices.ecourts.gov.in/hcservices/