Madras High CourtCRL OP/19429/2020dismissed

V.Murugesan v. The State, Rep. By

2020-12-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 19429 of 2020 V.Murugesan ... Petitioner Vs.

The State, rep. by Inspector of Police , Mannargudi Town Police Station, Mannargudi District.

(Crime No.3193 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the Petitioner on Bail in Crime No.3193 of 2020 on the file of the Mannargudi Town Police Station, Mannargudi District.

For Petitioner : Mr.S.Arumugam 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 the judicial custody on 05.11.2020 for the alleged offences punishable under sections 8(c) read with Section 20 (b) (ii) (B) of NDPS Act, 1985 in Crime No.3193 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 1 Kg 200 grams of Ganja. Hence, a case in Crime No.3193 of 2020 has been registered and the petitioner was remanded to judicial custody on 05.11.2020.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that the petitioner is in custody for more than 35 days. Hence, he prays to grant bail to the petitioner.

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4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is habitual offender, against whom there are three previous cases of similar nature. Hence, he opposed to grant bail to the petitioner.

5.Taking into account the nature offence and the fact that the petitioner is habitual offender, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 09/12/2020 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 JUDICIAL MAGISTRATE NO.I, MANNARGUDI.

THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MANNARGUDI TOWN POLICE STATION, MANNARGUDI, THIRUVARUR DISTRICT.

CC to M/S.S.ARUMUGAM Advocate on payment of necessary charges CRL OP.19429/2020 Date :09/12/2020 MK:15/12/2020 https://hcservices.ecourts.gov.in/hcservices/