Mangai v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.07.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11485 of 2020 Mangai ... Petitioner Vs.
The state represented by The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.
(Crime No.2250 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime.No.2250 of 2020 pending on the file of the respondent Police. For Petitioner : Mr. E.Sathiyaraj For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner who was arrested and remanded to the judicial custody on 04.07.2020 for the alleged offences punishable under sections 8(c), 20(b)(ii)(B) of NDPS Act in Crime No. 2250 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 03.07.2020, the petitioner along with other accused was found selling ganja and 615 grams of ganja was recovered. Thereafter, on the information, the respondent police conducted a check up on the back side of the house of the accused in a thorn bush and 4.250 kg of ganja was recovered. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that he has been suffering incarceration from 04.07.2020 and hence, he seeks for grant of bail to the petitioner.
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4.The learned Government Advocate (Crl.Side) would vehemently oppose the petition by stating that the petitioner and her husband are habitual drug offenders. As far as this petitioner is concerned, there are five previous cases pending against her and she has been arrested very recently on 04.07.2020. He would further submit that investigation is pending.
5.Taking into consideration the facts of the case and there are five previous cases against this petitioner of similar nature and investigation is in initial stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 31/07/2020 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, TIRUVANNAMALAI.
2 THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, VELLORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT.
CC to M/S. E.SATHIYARAJ Advocate on payment of necessary charges CRL OP.11485/2020 Date :31/07/2020 cs 02/09/2020 https://hcservices.ecourts.gov.in/hcservices/