Muhawenimana Bruno v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2020

CORAM

THE HONOURABLE MR.JUSTICE. G.K.ILANTHIRAIYAN Crl.O.P.No.7600 of 2020 Muhawenimana Bruno ... Petitioner Vs.

The State by, Station House Officer, Annamalai Nagar Police Station, Chidambaram.

Crime No.54 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C, to enlarge the petitioner on bail in Crime No.54 of 2020 pending on the file of the Station House Officer, Annamalai Nagar Police Station, Chidambaram.

For Petitioner : Mr.Ganesh Pandian For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.02.2020 for the offences punishable under Sections 8 (c) and 20(b)(ii) (A) NDPS Act in Crime No.54 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have found in possession of 850 grams of Ganja illegally. Hence the compliant.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He would also submit that an earlier Bail Petition in Crl.M.P.No.1539 of 2020 was dismissed on 11.03.2020, on the file of the Learned Principal Sessions Judge, Cuddalore,. He would further submit that the petitioner is in judicial custody from 29.02.2020 and hence he sought for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner is a foreign nationality and he is studying MA Population Development at Annamali University. He also submitted that the petitioner found in possession of 850 grams of Ganja and there are no previous cases pending against the petitioner. He further submitted that the petitioner already filed a bail petition in Crl.O.P.No 7449 of 2020 and the same was dismissed on 06.05.2020.Therefore, he vehemently opposed for grant of bail to the petitioner.

5. Taking into consideration, the nature of the offence committed by the petitioner and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed.

-sd/- 15/05/2020 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 JUDICIAL MAGISTRATE, NO.I, CHIDAMBARAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, ANNAMALAI NAGAR POLICE STATION, CHIDAMBARAM.

CC to C.GANESH PANDIAN Advocate on payment of necessary charges CRL OP.7600/2020 Date :15/05/2020 MK:13/07/2020