Sahul @ Sahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11359 of 2016 SAHUL @ SAHUL HAMEED ... PETITIONER/ACCUSED No.3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, DHANUSHKODI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO. 36 OF 2013) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S A.UTHAYAKUMAR, ADVOCATE FOR RESPONDENT : Mr.P.KANNITHEVAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.3, who was arrested and remanded to judicial custody on 25.06.2016 for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(B) 25 of NDPS Act, in Crime No.36 of 2013, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 20.07.2013, the respondent police conducted a raid along with the police party at Dhanushkodi Sea Shore area. While so, they found A.1 to A.6 in possession of 6.500 Kgs of ganja and they were arrested by them. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Totally there are seven accused and the petitioner was arrayed as A.3 and only based on the confession given by the coaccused, he has been implicated in this case and there was no recovery from the petitioner and all the other accused were arrested and released on bail by the Court below vide orders dated 05.08.2013 and 03.09.2013 made in Crl.M.P.Nos.544 and 562 of 2013 respectively. The petitioner is in judicial custody from 25.06.2016. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl. side) submitted that investigation has been completed and charge sheet has been filed and

not yet taken on file. The petitioner has no previous case. 5.Considering the facts and circumstances of the case and also considering the serious nature of the offence, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 12/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, DHANUSHKODI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

3. THE OFFICERS INCHARGE, DISTRICT PRISON, RAMANAD DISTRICT.

ORDER

IN CRL OP(MD) No.11359 of 2016 Date :12/07/2016 SMN TE/AAL-MPA/SAR-II : 15/07/2016 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/