Rajinikanth v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3584 of 2019 1 RAJINIKANTH 2 SELVAKAHAN ... PETITIONERS / ACCUSED Vs THE STATE OF TAMILNADU REP.BY THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI.

(CRIME NO.298/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.K.M.SUBRAHMANIAM Advocate For Respondent : Mr.S.CHANDRASEKAR,Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody since 23.12.2018 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (c) and 29(i) of NDPS Act, in Crime No.298 of 2018, on the file of the respondent police, seek bail. 2.The case of the prosecution is that based on the secret information the Law Enforcing Agency recovered 30 kilograms of Ganja from A1 and A2. Thereafter, they also recovered a sum of Rs.60,340/- Srilankan currency from the first petitioner, thereby registered the case against the petitioners. Based on the confession of them, A4 was also secured and the passports, cell phones and other things have also been recovered.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are A3 and a4. They are Srilankan citizens. They came to India only as tourists. There is no recovery from these petitioners. Hence, he prayed for bail.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor would submit that the contraband is commercial quantity and the contraband and other

things were recovered from A1 and A3. Based on the confession of them, these petitioners were arrested and remanded in judicial custody. If the petitioners are enlarged on bail, they may be ran out to other state. Hence, he vehemently opposed to the grant of bail to the petitioners.

5.Considering the materials seized in this case are Srilankan currency and the contraband, this Court is of the opinion that if the petitioners are enlarged on bail, they may escape from the clutches of law and there are possibilities to escape from the country. Hence, this Court is not inclined to grant bail to the petitioner.

6.With the above direction, this Criminal original petition stands dismissed.

sd/- 08/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUSHAL,CHENNAI.

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

PS/JC/SAR-3/14.03.2019/2P/4C

ORDER

IN CRL OP(MD) No.3584 of 2019 Date :08/03/2019 https://hcservices.ecourts.gov.in/hcservices/