Madras High CourtCRL OP/20933/2021dismissed

Ganesh @ Purushothaman v. State Rep.By

2021-11-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20933 of 2021 IN C.C.NO.97 of 2021 (On the file of I Additional Special Judge-NDPS Act, Chennai) GANESH @ PURUSHOTHAMAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, P-1, PULIANTHOPE POLICE STATION, CHENNAI.

(CR.NO.1169 OF 2020) For Petitioner : M/S. N.SARAVANAN Advocate For Respondent : MR.S.SUGENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 03.10.2021 for the alleged offences punishable under Section 8(c) and 20(b)(ii) (VB), 25 and 29(1) of NDPS Act 1985, in Crime No.1169 of 2020, on the file of the respondent police, seeks bail.

2. This is the second bail application filed before this Court. The case of the prosecution is that on 03.10.2020, the petitioner along with other accused were indulged in smuggling of 25.500 kgs of ganja. Hence the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. Earlier occasion, this Court granted bail to the co-accused in Crl.O.P.No.3826 of 2021 dated 07.04.2021. He further submits that the petitioner has been in remanded to judicial custody for more than a year. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submits that earlier this Court dismissed the petitioner's anticipatory bail petition in Crl.O.P.No.17493 of 2021 dated 21.09.2021 on the ground that the petitioner was found in possession of 25.500 kgs of ganja which is of commercial quantity. However, he vehemently opposed for grant of bail to the petitioners.

5. In view of the fact that there being no change of circumstances pointed out, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/11/2021 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 I ADDITIONAL SPECIAL JUDGE NDPS ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, P-1, PULIANTHOPE POLICE STATION, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. N.SARAVANAN Advocate on payment of necessary charges CRL OP.20933/2021 Date :09/11/2021 CSK 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/