Madras High CourtCRL OP/25556/2021dismissed

Manikandan v. The State Rep By

2022-01-05Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25556 of 2021 MANIKANDAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, H-1, WASHERMENPET POLICE STATION, CHENNAI.

(CRIME NO.2362/2021) For Petitioner : M/S.G.KAMOLIYA 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 28.07.2021 for the offences under Section 8(c), 20(b)(II)(B), 22(C), 25 and 29(1) NDPS Act 1985 in Crime No.2362 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that based on the secret information that 3 persons were selling drug tablets and ganja, the respondent police went to the scene of occurrence where three unknown persons were standing with their two wheelers. It is alleged that the petitioner along with two other accused persons were found with illegal possession of 2 Kgs of ganja and the respondent police seized the contraband packed ganja. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he has been suffering incarceration for 160 days. Hence prays for grant of bail.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner was found in illegal possession of 2 Kgs of contraband https://hcservices.ecourts.gov.in/hcservices/

packed Ganja and already this Court has dismissed two bail petitions filed by the petitioner. He further submitted that counter report has also been filed by the respondent police. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and that this Court has already dismissed two bail petitions of the petitioner and there is no change of circumstance, this court is not inclined to grant bail to the petitioner.

6. Accordingly, the petition seeking bail is dismissed. -sd/- 05/01/2022 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, H-1, WASHERMENPET POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II, CHENNAI-66.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.G.KAMOLIYA Advocate on payment of necessary charges CRL OP.25556/2021 Date :05/01/2022 INBA▬12/01/2022 https://hcservices.ecourts.gov.in/hcservices/