Madras High CourtCRL OP(MD)/13385/2017dismissed

Karuppiah v. The Inspector Of Police

2017-10-09Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13385 of 2017 KARUPPIAH ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY ITS THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 458 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.Rameshkumar, Advocate for M/S.S.PERIYASAMY 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 is arrayed as sole accused, who was arrested and remanded to judicial custody on 29.08.2017, for the alleged offences punishable under Sections 8(C) read with 20(b)II (B) of NDPS Act, 1985, in Crime No.458 of 2017, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 29.08.2017, based on the secret information, the respondent police conducted inspection nearby Vadipatti bus stand-Madurai Main Road, at that time, they intercepted the petitioner and found that the petitioner is having possession of 1.200 grams of Ganja and immediately arrested him and remanded him to judicial custody. Based on the complaint, case has been registered for the above said offences.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and the quantity of contraband seized is below commercial quantity and there is no previous case pending against the petitioner. He further submitted that the petitioner is the only bread winner of the family and he is in judicial custody for the past 42 days and prays for bail.

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4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that there are three similar type of previous cases against the petitioner and he is the habitual offender and if he is released on bail, he would indulge in similar offence.

5. Considering the facts and circumstances of the case and also considering the gravity of the offence, I am not inclined to grant bail to the petitioner and accordingly, this Criminal Original Petition is dismissed.

sd/- 09/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI

ORDER

IN CRL OP(MD) No.13385 of 2017 Date :09/10/2017 SM:CM-MSA:SAR I:12.10.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/