Madras High CourtCRL OP(MD)/508/2025dismissed

Rajkumar @ Ezharai Arasu v. The State Of Tamilnadu

2025-02-10Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Rajkumar @ Ezharai Arasu ... Petitioner/Accused No.6 Vs The State of Tamilnadu, Rep.By the Inspector of Police, Neyveli Thermal Police Station, Cuddalore District.

Crime No.258 of 2024 ... Respondent/Complainant For Petitioner : Mr.Krishnasamy Chinnasamy, Advocate For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.258 of 2024 on the file of the respondentpolice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 07.01.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail. 1/4

2. The petitioner / accused no.6 was arrested and remanded to judicial custody on 20.12.2024 for the alleged offences punishable under Sections 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.258 of 2024 on the file of the respondent-Police.

3. The case of the prosecution is that on 07.12.2024, at about 14:45 hours, based on secret information, when the respondent-police, reached Thailanthoppu near Veeran Kovil, they found the petitioner and four others. On seeing the police, two of them escaped. On investigation, the police found that the accused persons were in illegal possession of 21 kgs 250 grams of Ganja. The police arrested them and seized the Ganja. Hence the case.

4. Mr.Krishnasamy Chinnasamy, the learned counsel appearing for the petitioner submits that the petitioner herein was arrayed as accused No.9 in Crime No.546 of 2024 on the file of the Vanur Police Station, Villupuram District under Section 103 of Bharatiya Nyaya Sanhita (BNS), 2023. The petitioner was arrested on 28.11.2024 and he has been in prison till date. The First Information Report in Crime No.258 of 2024 on the file of the Neyveli Thermal Police Station has been registered on 07.12.2024 based on the confession statement said to have been given by the other accused person. The learned counsel further submits that the petitioner has been falsely implicated in this case based on the alleged confession statement and he did 2/4

not commit any offence as alleged. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner and other accused persons jointly contributed Rs.70,000/- and purchased Ganja from Andhra Pradesh and attempted to sell the same in Tamil Nadu. He submits that based on the confession statement given by the accused no.1, the petitioner has been arrayed as an accused in this case. Investigation revealed the involvement of the petitioner in the present Crime Number. Hence, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. Totally, 21 kgs 250 grams of Ganja was recovered from A1 to A3. Based on the confession given by A1, the petitioner has been arrayed as an accused. A4 and A5 are still absconding. Investigation is yet to be completed. The petitioner has already been arrested and is still in judicial custody in connection with Crime No.546 of 2024 on the file of the Vanur Police Station, Villupuram District. This Court is of the view that if the petitioner is enlarged on bail, he will cause threat to the witnesses and tamper with evidence and thereby delay the investigation. Considering the above and considering the nature of offences alleged against the petitioner and taking note of the antecedents of the petitioner, this Court is not inclined to enlarge the petitioner on bail at this stage of investigation.

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8. Accordingly, the Criminal Original Petition is dismissed. sd/- 10/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE SUPERINTENDENT, CUDDALORE CENTRAL PRISON, CUDDALORE.

2 THE INSPECTOR OF POLICE, NEYVELI THERMAL POLICE STATION, CUDDALORE DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.508 of 2025 Date :10/02/2025 SA/SKN/SAR. /26.02.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4