Madras High CourtCRL OP/21006/2021dismissed

R.Harish v. State Rep By

2021-11-17Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventeenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21006 of 2021 R.HARISH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-8, MUTHAPUDUPET POLICE STATION, CHENNAI.

CRIME NO. 483 OF 2021.

FIR NO. 512 OF 2021.

For Petitioner : M/S. M.PADMANABAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 26.08.2021 for the offences undecr Sections 8(c) r/w 20(b)(ii) (c), 25, 29(1) of NDPS Act, in Crime No.512 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.08.2021 based on a secret information, the respondent police intercepted the vehicle of the petitioner/A2 and the vehicle of the 1st accused and on search found 2 bags of Ganja (each 12 kgs). Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he is a B.Com. student and to substantiate the same, he had also enclosed the copy of bonafide. https://hcservices.ecourts.gov.in/hcservices/

Even as per the prosecution, the petitioner was only escorting the vehicle of A1 who was transporting the contraband and no contraband was recovered from the petitioner. He would further submit that the petitioner has been suffering incarceration for more than 85 days from 26.08.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that petitioner is arrayed as A2 and at the time of alleged offence, the petitioner was also with A1 and he has also actively participated in the transportation of ganja of 24 Kgs. from Andra to Tamilnadu and the investigation is going on. He would further submit that A1 is having 11 previous cases.

5. It is seen that the petitioner was arrested along with A1 who is having more than 10 cases of similar nature and that the investigation has not been completed and therefore, this Court is not inclined to grant bail to the petitioner. Accordingly the Criminal Original Petition is dismissed.

-sd/- 17/11/2021 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 INSPECTOR OF POLICE, T-8, MUTHAPUDUPET POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

+1 CC to M/S. M.PADMANABAN Advocate on payment of necessary charges SR.NO.12911 CRL OP.21006/2021 Date :17/11/2021 RW 26/11/2021 https://hcservices.ecourts.gov.in/hcservices/