Dhilipkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI DHILIPKUMAR ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI CITY, MADURAI DISTRICT, CRIME NO.264/2023 ... RESPONDENT/COMPLAINANT For Petitioner :

MR.C.SUSIKUMAR, Advocate For Respondent :

MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.264/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner / A4, who was arrested and remanded to judicial custody on 13.06.2023 for the offence punishable under Sections 20(b)(ii)(c), 29(1) and 8(c) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.264 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that on secret information, on 13.06.2023, at about 07.00 a.m, the respondent police went to Muniyandi Temple near Madurai Railway Station and found 24 Kg of Ganja from the accused persons. Hence the case. 1/3

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 13.06.2023. Hence, he prays to grant bail. 4.The learned Additional Public Prosecutor for the State would submit that the petitioner and the other accused were found in illegal possession of 24 Kg of Ganja, which is a commercial quantity and in this case, investigation is pending. He would further submit that the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act. Hence, he opposed to grant bail to the petitioner. 5.Heard the learned counsel on either side and perused the material records of the case.

6.Considering the fact that the contraband involved in this case is a commercial quantity and considering the fact that the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

7.In the result, this Criminal Original Petition is dismissed. sd/- 22/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

2 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.JANANI PRIYA, Advocate ( SR-966[I] dated 23/01/2024 )

ORDER

IN Date :22/01/2024 RS/JGB/SAR-(30.01.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3