P.Roja v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 13375 of 2020 P.Roja ... Petitioner/2nd Accused Vs.

The State represented by, The Inspector of Police, Harur Police Station, Dharmapuri District.

(Crime No.1200 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No. 1200 of 2020, on the file of the respondent police. For Petitioner : Mr.V.Gunasekar 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 judicial custody on 11.07.2020 for the offences punishable under Sections 8(c), r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.1200 of 2020 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with A1 was arrested for having found in illegal possession of 11⁄2 kgs of Ganga.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case since, he is known to A1. Hence, he prays to grant bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is the paramour of A1 and A1 is an habitual offender against whom there are twelve previous cases pending. He would submit that the first accused along with the petitioner was found in illegal possession of 1.5 kgs of Ganga and that A1 has been detained under Act 14,1982 and that the investigation is pending. Hence, he opposed to grant bail to the petitioner.

Taking into consideration the facts and submissions made by the learned counsel and considering the fact that the petitioner has been arrested very recently on 11.07.2020, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 01/09/2020 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 SPECIAL JUDGE FOR EC ACT CASES, SALEM.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT.

CC to M/S.V.GUNASEKAR Advocate on payment of necessary charges CRL OP.13375/2020 Date :01/09/2020 cs 14/09/2020 https://hcservices.ecourts.gov.in/hcservices/