Madras High CourtCRL OP/21420/2021dismissed

Gunasekaran v. State Rep By

2021-11-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21420 of 2021 GUNASEKARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ATTAYAMPATTY POLICE STATION, SALEM DISTRICT.

CRIME NO.307/2021.

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

ORDER : The Court Made the following order :- The petitioner, who arrested and remanded judicial custody on 30.05.2021 at the hands of the respondent police for the offences punishable under Sections 8 (c) read with 20 (b) (ii) (C), 25, 29 (1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.307 of 2021, seeks bail.

2. The case of the prosecution is that, the petitioner was in possession of two bags each weighing 40 kgs of Ganja. The petitioner herein has been arrayed as third accused in this case. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 30.05.2021. He would further submit that, the petitioner is an innocent and did not commit any offence as alleged by the respondent. He is the sole breadwinner of the family. Hence, he sought for bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) would submit that the investigation is not yet completed. He further submits that, the petitioner is in possession of two bags of 80kgs of Ganja. Hence, he vehemently opposed to grant bail to the petitioners.

5. Taking consideration of the above facts and circumstances of the case that, the investigation is at initial stage and not yet completed. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 16/11/2021 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 SUPERINTENDENT, CENTRAL PRISON, SALEM.

2 THE INSPECTOR OF POLICE, ATTAYAMPATTY POLICE STATION, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.SARAVANA SOWMIYAN Advocate on payment of necessary charges CRL OP.21420/2021 Date :16/11/2021 RW 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/