Mainikandan v. State Rep.By
T.V.THAMILSELVI, J.
The petitioners, who was arrested and remanded to judicial custody on 29.11.2021 for the alleged offence under Sections 8 (c), r/w 20 (b) (ii)(c), and 29(1) of NDPS Act in Crime No.50 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the defacto complainant lodged a complaint stating that the petitioner was found in possession of 280 kgs of ganja in a Bolero van without any valid license or permit. Hence, the complaint.
3. The learned counsel for the petitioners 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
these petitioners. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 30.03.2022. He further submitted that they are the sole breadwinner of their faimlyHence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioners are arrayed as A1, A2 &A5 and totally, there are five accused involved in this case. He would submit that trial is pending. He would submit that if they are released on bail, they would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioners.
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 petitioners, and now the trial about to begin and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. 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 six months from the date of receipt of copy of this order.
06.01.2023 vsn To The public prosecutor Madras High Court
T.V.THAMILSELVI, J.
vsn 06.01.2023