Poongavanam v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 30.03.2022 for the alleged offence under Sections 8 (c), 20 (b) (ii)(c), and 29(1) of NDPS Act in Crime No.178 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that he was found in possession of 21.300 kgs. of ganja without any valid license or permit. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no iota of truth in the complaint and he is no way connected with the said offence. He would submit that he has not at all committed any offence as alleged by the respondent police and there is no property recovered from

this petitioner. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 30.03.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A5 and totally, there are five accused involved in this case. He would submit that there are five previous cases including one Sec.302 I.P.C. case pending against him. He would submit that now the trial is also begin and it will completed within three months. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner, and now the trial is begin and he is having five previous cases including one Sec.302 I.P.C. case and there is possibility of tampering the witnesses and hampering the investigation, this Court is not

inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial and dispose the case within a period of four months from the date of receipt of copy of this order.

22.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 22.12.2022