A.Maya @ Mayalagu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21674 of 2015 1 A.MAYA @ MAYALAGU 2 P.SAMUDURAI ... PETITIONERS/ACCUSED NOS.2&3 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE UCHIPULI POLICE STATION (IN CRIME NO.188/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S R.PANDI MAHARAJA Advocate For Respondent : M/S.S.PRABHA,Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded into judicial custody on 08.10.2015 for the alleged offences punishable under Section 8(c) r/w 20 (b) (ii) (c) of NDPS Act, 1985 in Crime No.188 of 2015 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 30.09.2015, when the respondent Police conducted a surprise visit based on the secret information received by them, the petitioner along with two accused tried to run away from the place. Immediately, the Police restrained the petitioners and the first accused and the first accused has given confession. Based on the said confession, the respondent Police has seized the contraband from the house of the first petitioner herein/A-2.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence and they have been falsely implicated in this case. Hence, he seeks bail.

4. Heard the learned Government Advocate (Criminal Side), who would submit that the petitioners have five previous cases, which are as follows:

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i) Cr.No.12/2015 under Sections 379, 480 I.P.C r/w Mines Act of Chatrakudi P.S ii)Cr.No.220/2006 under Sections 457 and 380 of I.P.C of Emaneswaram P.S iii)Cr.No.19 of 2013 under Sections 21(1) of Mines Act of Nainar Kovil P.S iv)Cr.No.102/2006 under Sections 457 and 380 of I.P.C of R.S.Mangalam P.S

5. Taking note of the fact the petitioner has five previous cases and quantity of the contraband seized is above the commercial quantity, this Court is not inclined to grant bail.

6. Accordingly, this petition for bail is dismissed. sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE UCHIPULI POLICE STATION 2.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 3.THE OFFICER-IN-CHARGE SUB-JAIL, RAMANATHAPURAM RL/4C/DP/JGB/SARII/23/11/2015

ORDER

IN CRL OP(MD) No.21674 of 2015 Date :18/11/2015 https://hcservices.ecourts.gov.in/hcservices/