Abdul Rahman Yerzath v. The State Rep By

Crl.O.P.No.6649 of 2024 T.V.THAMILSELVI, J.

This petition has been filed to enlarge the petitioner/second accused on bail concerned in crime No. 30 of 2023 pending investigation on the file of the respondent.

2. The case of the prosecution is that respondent police found one Ajith Kumar/A1 with illegal possession of Ganja, based on his confession the petitioner was implicated in this case.

3. The learned counsel for the petitioner submits that base on the confession of A1 the petitioner was implicated in this case and no recovery from this petitioner. Hence, he prays to allow this petition and also relied the following of the case in Maran Vs. The Inspector of Police in Crl.O.P (MD) No. 17530 of 2022:

''17. considering the above, since there was no recovery of contraband from the petitioner and that though he is having two previous cases, there was no recovery in those two cases also, this court

is satisfied that there are reasonable grounds for believing that the petitioner is not guilty of such offence and that he is not likely to commit any such offence, after coming out of bail, as contemplated under Section 37 of NDPS Act. Hence, this court concludes that the petitioner is entitled to get the bail and the petition is allowed accordingly subject to the following conditions:''

4. Heard both sides.

5. On seeing the gravity of the offence and it is alleged that the petitioner is supplier of the contraband. Further, the above referred case is not applicable to the present cas. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed. 17.04.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.No.6649 of 2024 17.04.2024