Pandi2 Meenpandi v. The Insepector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20961 of 2015 PANDI@MEENPANDI ... PETITIONER/ ACCUSED NO.1 Vs THE STATE REP. BY, THE INSEPECTOR OF POLICE NIBCID, THENI, THENI DISTRICT.
(CR NO.35 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.S.MUNIYANDI Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No. 1, in Crime No.35 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 25.02.2015 for the alleged offences punishable under Sections 8(C) r/w. 20(b)(ii)(C) of NDPS Act and hence, seeks bail.
2. The case of the prosecution is that on 25.02.2015 the respondent Police conducted a raid along with his police party at Cumbum to Koodalur Main Road and at that time the petitioner and other persons intercepted and thereby, the respondent police seized 25 kgs of ganja.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case, He further submitted that the petitioner has no previous bad antecedents and that the co-accused was already released on bail by this Court in Crl.O.P(MD).No.8389 of 2015 and he further submitted that the respondent police has not followed the procedures laid down in the NDPS Act.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner and other persons were arrested for possession of 50 Kgs Ganja (each 25 kg) and after formalities the respondent police seized the contraband and a case has been registered. He would further submit that the petitioner has already involved in similar offences and the case and he has been detained under the Act 14 of 1982, by the District Collector, Theni District. He further stated that the earlier bail petition filed by the petitioner in Crl.O.P(MD).No6501 of 3015 was dismissed by this Court on 27.04.2015.
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5. Considering the facts and circumstances of the case and also considering the fact the petitioner has involved in previous bad antecedents, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, the Criminal Original Petition is dismissed. sd/- 26/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSEPECTOR OF POLICE NIBCID, THENI,THENI DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE ADDITIOAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20961 of 2015 Date :26/11/2015 NS/PM-MP/SAR II/01.12.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/