Balachandran v. The Inspector Of Police

CRL OP(MD). No.1067 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1067 of 2022 Balachandran ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Pamban Police Station, Ramnad District.

Crime No.171/2021.

... Respondent/Complainant For Petitioner : Mr.D.Balamurugapandi, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.171 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.3 herein, who was arrested on 03.07.2021 for the alleged offence under Sections 8(c) r/w. 20(b) (ii)(C) of NDPS Act, in Crime No.171 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on secret information when the police parties went to the occurrence place, the accused persons were found having possession of 23.300 gms of Ganja, which is commercial quantity. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. Only based on the confession of the co-accused, this accused has been implicated in this case. The petitioner is in judicial custody for the past 213 days. Hence, prayed the petitioner to be released on bail.

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CRL OP(MD). No.1067 of 2022 4.The learned Government Advocate (Crl. Side) submitted that the contraband recovered from the accused persons are commercial quantity. Already the petitioner has moved a bail application before the trial Court, but the same was dismissed. Now investigation has been completed and final report has also been filed before the concerned Court on 02.12.2021.

5.Since the final report has been filed before the concerned Court, the petitioner can approach the concerned Court seeking bail by setting out the facts and circumstances of the case. 6.With the above liberty, this Criminal Original Petition is dismissed.

sd/- 31/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMNAD DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.D.BALAMURUGAPANDI, Advocate (SR-494[I] dated 31/01/2022)

ORDER

IN CRL OP(MD) No.1067 of 2022 Date :31/01/2022 TM MK/VR/SAR.II/11.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2