Madras High CourtCRL OP/15785/2021dismissed

Palaniyammal v. State Rep By

2021-09-02Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15785 of 2021 PALANIAMMAL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NIB-CID POLICE STATION, VILLUPURAM CRIME NO.12 OF 2021 For Petitioner : M/S G.MOHAMMED ASEEF Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 27.02.2021 and remanded to judicial custody for the offences punishable under Section 8(c), r/w Section 20(b)(ii)(C), 29 (i) of NDPS Act, in Crime No.12 of 2021, on the file of the respondent police, seeks bail. 2.This is the third bail application filed before this Court. The case of the prosecution is that the petitioner was found in illegal possession of 23.400 Kgs of Ganja. Hence, the complaint, 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submitted that earlier occasion, the petitioner filed the bail application before the Special Court of Trail of NDPS Act, Cases, Villupuram (FAC) in Crl.M.P.No.

25 of 2021 and the same was dismissed on 22.03.2021. Thereafter, the petitioner had filed the bail application before this Court in Cr.O.P.No.7599 of 2021 and the same was dismissed on 29.04.2021. Again the petitioner filed a bail application before this Court in Crl.O.P.No.

same was dismissed as withdrawn on 07.07.2021. Hence, the present petition has been filed before this Court and prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the investigation has been completed and the charge sheet has also been filed before the learned Special Judge, Special Court for Trial of NDPS Act, Cases, Villupuram and the same was taken on file in C.C.No.05 of 2021. He further submitted that there is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also the fact that there is a commercial quantity and the investigation has been completed and the charge sheet has also been filed and earlier application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/09/2021 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, SPECIAL COURT FOR TRIAL OF NDPS ACT CASES, VILLUPURAM.

2 THE INSPECTOR OF POLICE, NIB-CID POLICE STATION, VILLUPURAM 3 THE SUPERINTENDENT, CENTRAL JAIL (WOMEN), CUDDALORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.15785/2021 Date :02/09/2021 JPA 24/09/2021