Parath Kumar @ Barath Kumar @ Mattukari Barath v. State Rep By

Crl.O.P.No.22869 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 19.03.2024, in Crime No.112 of 2024 on the file of the respondent police, registered for the alleged offence punishable under Sections 8(c) r/w 22(c) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 seeks bail.

2. Learned counsel appearing for the petitioner submitted that this is the second bail petition and the earlier petition was dismissed by this Court in Crl.OP.No.17192 of 2024 dated 23.07.2024. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 19.03.2024 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally 9 accused in this case and the petitioner herein is arrayed as A2. He further submitted that the petitioner along with other accused were found to be in illegal possession of 1920 tablets of Nitravet - 10 mg, weighs about 1056 grams, which is a commercial quantity. He further submitted that the case is under https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rri investigation and the lab report from the Forensic lab, Chennai on 16.07.2024, which received vide NAR No.536 of 2023. He further submitted that on confession given by A7 & A8 The specific overt act against the petitioner is that the petitioner along with other accused selling Nitravet tablets to the public. He also submitted that the petitioner is having 6 previous cases. However, he vehemently opposed for the grant of bail to the petitioner.

4.Taking into consideration the quantity of the contraband seized from the petitioner is a commercial quantity, and the case is posted for trial on 04.10.2024, and if the petitioner granted bail, there is a possibility of hampering witnesses and tampering with evidences and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed. 26.09.2024 rri Crl.O.P.No.22869 of 2024 https://www.mhc.tn.gov.in/judis