Madras High CourtCRL OP/11640/2022dismissed

Balamurugan v. The State Of Tamil Nadu

2022-06-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11640 of 2022 BALAMURUGAN [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU [ RESPONDENT ] REP BY THE INSPECTOR OF POLICE, S-16, PERUMBAKKAM POLICE STATION, CHENNAI.

CRIME NO.1426 OF 2021 For Petitioner : M/S.M.ILLIYAS Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor 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 25.12.2021 at the hands of the respondent police for the offences punishable under Sections 8 (c) r/w 20 (b) (ii) (C), 25 of NDPS Act, 1985, in Crime No.1426 of 2021, seeks bail.

2.The case of the prosecution is that the petitioner along with his friend were found in possession of 30Kg of Ganja. Hence, the complaint was registered as against the petitioner. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that there are totally two accused in which the petitioner is arrayed as A1 and they were in possession of 30 Kg of Ganja. Hence, he vehmently opposed to grant bail to the petitioner.

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5.Considering the above facts and circumstances of the case and the petitioner failed to fulfil the twin conditions contemplated under Section 37 of the NDPS Act, 1985, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/06/2022 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, S-16, PERUMBAKKAM POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.M.ILLIYAS Advocate on payment of necessary charges CRL OP.11640/2022 Date :08/06/2022 RW-22/06/2022 https://hcservices.ecourts.gov.in/hcservices/