Madras High CourtCRL OP/22076/2021dismissed

Sankar v. State Rep By

2021-12-23Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22076 of 2021 SANKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, D-4, PADALAM POLICE STATION, CHENGALPATTU DISTRICT.

CR.NO.534 OF 2021.

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

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 29.08.2021 for the offences punishable under Section 8(C) r/w 20 (b)(ii)(C) & 25 of NDPS Act, in Crime No.534 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner and other accused persons have stocked in their possession of 61.400 kgs of Ganja for sale. Hence the complaint.

3. The learned counsel for the petitioner would submit that he has been falsely implicated in this case and that he has been suffering incarceration for more than 90 days from 29.08.2021. He would further submit that based on the confession statement of coaccused, he was included in this case. Therefore, he would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that the petitioner and other accused persons have in possession of 61.400 kgs of Ganja. He would also submit that A1 to https://hcservices.ecourts.gov.in/hcservices/

A10 and A12 were arrested and still in judicial custody and the seized materials were produced before the learned Judicial Magistrate, No.I, Chengalpattu and also awaiting for report from Forensic Science Department. He would further submit that, if he will be released on bail, he will abscond and it would cause hindrance to the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts, that the huge quantity of the contraband articles were seized and the nature of allegations against the petitioner and also taking note of the fact that the investigation is also at initial stage, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 23/12/2021 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 JUDICIAL MAGISTRATE, NO.I, CHENGALPATTU.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, D-4, PADALAM POLICE STATION, CHENGALPATTU DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE SUB JAIL, CHENGALPATTU.

CC to M/S. S.SURESH Advocate on payment of necessary charges CRL OP.22076/2021 Date :23/12/2021 TA-03/01/2022 https://hcservices.ecourts.gov.in/hcservices/