Madras High CourtCRL OP/15925/2024dismissed

Dipak Sethi v. The State Rep.By

2024-07-22Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.15925 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 13.01.2024, seeking bail in Crime No.5 of 2024 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner and his earlier bail application in Crl.O.P.No.10407 of 2024 was dismissed by this Court on 29.04.2024. He also submitted that the petitioner, who is no way connected with the alleged offence, has been in custody from 13.01.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for bail.

3. The respondent has filed a detailed counter.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, the accused were found to be in illegal possession of 2.050 kilograms of Hashish oil, which was transported from Odissa and the investigation in this case is completed and the charge sheet is also ready.

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T.V.THAMILSELVI, J.

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5. He further submitted that there are two accused in this case, the petitioner is arrayed as A1 and the second accused is still absconding. He also submitted that this is the second application for bail filed by the petitioner and further submitted that the petitioner is a native of West Bengal, therefore, if he is released on bail, there is a possibility of him absconding and not available for further investigation. Hence, he opposed for granting bail to the petitioner.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) and taking note of the fact that the second accused is still absconding and also considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 22.07.2024 ham Crl.O.P.No.15925 of 2024 2 / 2 https://www.mhc.tn.gov.in/judis