S. Mariammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4602 of 2019 S. MARIAMMAL ... PETITIONER /SOLE ACCUSED Vs THE STATE REP. BY, THE INSPECTOR OF POLICE KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.72/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.CHELLAPANDIAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 11.03.2019 for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.72 of 2019, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 11.03.2019, when the respondent police conducted a raid along with their party, the petitioner was in possession of 1.250 kilograms of ganja, for which, the petitioner was arrested and taken into judicial custody. 3.The learned counsel for the petitioner would submit that though seventeen previous cases are pending against the petitioner, all these cases were foisted by the K.K.East Police Station right from the year 2003 onwards. However, three cases were ended in acquittal and remaining 14 cases are pending against the petitioner. 4.The learned Government Advocate (Crl.side) for the respondent police submitted that the alleged quantity of ganja possessed by the petitioner is not a commercial quantity. He further submitted that the petitioner is having 14 previous cases. Hence, he opposed to grant bail to the petitioner.

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5.Considering the facts and circumstance of the case, considering the nature of the offence committed by the petitioner and taking note of the fact that the petitioner is having 14 previous cases, this Court is not inclined to grant bail to the petitioner. Hence, this criminal original petition is dismissed. sd/- 05/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT.

2 THE OFFICER IN-CHARGE SUB JAIL (WOMAN), THIRUVARUR 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.S.CHELLAPANDIAN Advocate SR.No.6259

ORDER

IN CRL OP(MD) No.4602 of 2019 Date :05/04/2019 MSI/MMS/SAR 4/12.04.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/