Madras High CourtCRL OP(MD)/1837/2024dismissed

Sugumar @ Sugumaran v. The Inspector Of Police

2024-02-07Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SUGUMAR @ SUGUMARAN ... PETITIONER/ ACCUSED NO.3 Vs THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI DISTRICT.

CRIME NO. 374 OF 2023 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.SIVAKUMAR, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor, PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER: FOR BAIL IN CRIME NO. 374 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.05.2023 for the offence punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of 1/3

NDPS Act, 1985 in Crime No.374 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that on 09.05.2023, the respondent Police intercepted Baleno car and found the accused No.1 in illegal possession of 40 kgs of Ganja. Based on the confession statement of the accused No.1, the respondent Police conducted search and the petitioner and the other accused were found in possession of 2000 kgs of Ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in this case. He would further submit that no recovery is made from the petitioner and he is in judicial custody from 19.05.2023. Hence, he prays for grant of bail.

4.The learned Government Advocate (Crl.Side) would submit that the petitioner is the owner of the vehicle and he used to purchase the contraband from other State and transport the same through his vehicle and 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.

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5. Considering the facts and circumstances of the case and 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.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 07/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB TO 1.THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN Date :07/02/2024 RK/GS (16/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3