← Library
Madras High CourtCRL OP/31128/2022dismissed

Pratheeban v. The Union Of India,

2023-01-11Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 07.02.2022 for the alleged offence under Sections 8(c ) r/w 22 (c) and 29 of NDPS Act in R.R.No.06 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 07.02.2022, the petitioner and other accused were involved in illegal transportation of 11 Kgs of Methamphetamine and attempted to export to Srilanka without any valid license. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. No contraband was recovered from the petitioner. He further submitted that the mandatory condition were not complied with by the respondent police; the petitioner has no criminal past and in suffering from incarceration from 07.02.2022 . Hence, he prayed for 1/4

grant of bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that totally there are six accused, the petitioner is arrayed as A2. He further submit that there is no previous case as against the petitioner and that the investigation is yet to be completed. there was due search and seizure of contraband from the unlawful possession of the accused and that the seized qunatity 11 Kgs of Methamphetamine which was attempted to export to Srilanka and hence, if the accused is released on bail he will either abscond or commit similar offense and that there is every possibility of him interfering with further investigation in the case. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the fact that, there is every possibilities of the accused indulging in similar offence and the fact with he is a Srilankan nation, and he may abscond, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 11.01.2023 2/4

vsn 3/4

T.V.THAMILSELVI, J.

vsn 11.01.2023 4/4