Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Senthilkumar, ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

Crime No. 76/2024.

... Respondent/Complainant For Petitioner : Mr. V.Sukumar, Advocate .

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 76 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime 1/3

No.76 of 2024 for the offence under Section 8(c) r/w Sections 20(b)(ii)(A) & 22(c) of Narcotic Drugs & Psychotropic Substances Act, 1985, and remanded him into judicial custody on 20.02.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that illegal possession of 530 gram of contraband was recovered from the petitioner. Hence the case.

3. The learned counsel for the petitioner submits that as per the NDPS Act, 500 grams of contraband is categorized as commercial quantity. In order to project the case as commercial quantity, the respondent has shown the recovery as 530 gram. He further submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 20.02.2024. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that the investigation is yet to be completed. He further submits that this is the second bail application filed by the petitioner and there is no change of circumstances.

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5. Considering the facts and circumstances of the case, the quantity of contraband, this Court is not inclined to grant any relief to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 29/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR 2 THE OFFICER INCHARGE, SUB-JAIL, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.4752 of 2024 Date :29/04/2024 SS/JGB/SAR- /17/05/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3