Alaguraja v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14960 of 2022 ALAGURAJA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] INSPECTOR OF POLICE, G-5 SECRETARIAT COLONY POLICE STATION, KILPAUK, CHENNAI.
CRIME NO.73 OF 2022.
For Petitioner : M/S.K.MANIKANDAN 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 17.03.2022 for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) and 28 of NDPS Act in Crime No. 73 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that when the respondent Police along with his team went on secret search, they found that the petitioner along with other accused were selling 10 kgs of Hahish oil and 1.250 gm of Ganja. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence as alleged by the prosecution. He further submits that, he has been suffering incarceration from 17.03.2022. Hence, he sought for bail to the petitioner.
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4. The learned Additional Public Prosecutor submitted that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.11963 of 2022. However, he vehemently opposed for granting bail to the petitioner.
5. It is seen that the petitioner was found in possession of alleged contraband and therefore, the petitioner failed to satisfy the twin conditions under Section 37 of the NDPS Act. Taking consideration of the above facts and circumstances of the case and also considering that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petitions is dismissed. -sd/- 29/06/2022 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
2 INSPECTOR OF POLICE, G-5 SECRETARIAT COLONY POLICE STATION, KILPAUK, CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.MANIKANDAN Advocate on payment of necessary charges CRL OP.14960/2022 Date :29/06/2022 RW-06/07/2022 https://hcservices.ecourts.gov.in/hcservices/