Senthilkumar v. The Inspector Of Police

CRL OP(MD)No.5367 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD)No.5367 of 2021 Senthilkumar ... Petitioner/1st Accused Vs State Rep.by The Inspector of Police, NIB CID, Thoothukudi.

Crime No.18 of 2020.

... Respondent/Complainant For Petitioner : Mr.P.Pethu Rajesh, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no.18 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.08.2020 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(C), 29(1) and 25 NDPS Act in crime No.18 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 48 pockets of silvar @ chars, a derivative from ganja, weighing about 23.235 kgs, in two gunny bags. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 15.08.2020, hence he may be granted bail. 4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that the contraband seized from the petitioner and other accused is commercial quantity and the petitioner is having five previous cases. Hence, he strongly opposed to grant bail to the petitioner.

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CRL OP(MD)No.5367 of 2021 5.Considering the facts and circumstances of the case and also the fact that the contraband seized from the petitioner and other accused is commercial quantity and the petitioner is having five previous cases, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 07/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, NIB CID, THOOTHUKUDI.

2 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-3872[I] dated 08/06/2021 )

ORDER

IN CRL OP(MD) No.5367 of 2021 Date :07/06/2021 GNS MS/PN/SAR-1/10.06.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2