Elangovan v. The Inspector Of Police

CRL OP(MD) No.5263 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of April Two Thousand Twenty PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CRL OP(MD) No.5263 of 2020 ELANGOVAN ... PETITIONER / ACCUSED No.2 Vs THE STATE OF TAMILNADU, REPRESENTED BY THE INSPECTOR OF POLICE, NIB CID POLIC STATION, NAGAPATTINAM, Cr.No.3/2020) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.NARAYANAN, Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as the second accused, who was arrested and remanded to judicial custody on 24.01.2020 for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act, 1985 in Crime No.3 of 2020, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on inspection, it was found and recovered 54 kg Kanja from the accused. 3.The learned counsel for the petitioner submitted that the petitioner is falsely implicated in this case as second accused and the petitioner has no bad antecedents. The respondent police has recovered 54 kg Kanja totally, which is not commercial quantity and the petitioner has been in judicial custody for the past 94 days and therefore, bail may be granted to the petitioner.

4. The learned Additional Public Prosecutor submitted that 54 kg of Kanja was recovered from the accused in this case and the same is commercial quantity. They tried to smuggle the contraband to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.5263 of 2020 Srilanka and therefore, the learned Additional Public Prosecutor strongly opposed for granting bail to the petitioner.

5. I have heard both sides and perused the records. 6.Considering the submission of the learned Additional Public Prosecutor that 54 kg of Kanja was recovered from the accused in this case and they tried to smuggle the contraband to Srilanka and gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this petition is dismissed.

sd/- 20/04/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE, NIB CID POLIC STATION, NAGAPATTINAM, 3 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5263 of 2020 Date :20/04/2020 SDS (20.04.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2