Vijay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/04/2022 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.6475 of 2022 Vijay ... Petitioner/Petitioner 1st Accused Vs The Inspector of Police, NIBCID, Sivagangai.

(Crime No.17/2021).

... Respondent/Respondent Complainant For Petitioner : Mr.P.Aju Tagore, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.17/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 13.09.2021 for the offence under Sections 8(c) r/w 20(b) (ii)(C) & 25 of NDPS Act, in Crime No.17 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 15 bags, containing 33 kgs of Ganja. The said contraband was seized by the respondent. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner was in judicial custody from 13.09.2021. He is an innocent and not committed any offence as alleged by the https://hcservices.ecourts.gov.in/hcservices/

prosecution. He would further submit that this is the second bail petition. Hence, he seeks bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is having five previous case at his credit and in this case already trial has been commenced.

5.It is seen from the records that on the side of prosecution PW1 to PW5 were examined and the petitioner is having five previous cases, in which, four cases are similar in nature. Even though, this is the second bail petition, considering the stage of the case and previous antecedents of the petitioner, this Court is not inclined to enlarge the petitioner on bail and directed the petitioner to proceed with the case.

6.In the result, this Criminal Original Petition is dismissed. Sd/- 18/04/2022 / TRUE COPY / 12/05/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, NIBCID, SIVAGANGAI.

2. THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.6475 of 2022 Date :18/04/2022 SP/PN/SAR II/12/05/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/