Tamilselvi v. The Inspector Of Police

CRL OP(MD). No.6591 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2020 PRESENT The Hon`ble Mr.Justice RMT. TEEKAA RAMAN CRL OP(MD). No.6591 of 2020 TAMILSELVI ... PETITIONER/ACCUSED NO.2 VS STATE REP. BY THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

CRIME NO. 141 OF 2020.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.P.S.Senthilkumar, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner/Accused No.2 on bail in Cr.No.141 of 2020 on the file of the Inspector of Police, Usilampatti Town Police Station, Madurai District and to pass such further or other orders. ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2.The petitioner is arrayed as accused No.2. She was arrested and remanded to Judicial Custody on1 17.02.2020 for the offences punishable under sections 8(c) r/w 20(b)(ii)(C), 25 of NDPS Act in Crime No.141 of 2020 on the file of the respondent police. She seeks bail.

3.The learned Additional Public Prosecutor would submit that A1 and A2 were arrested on 17.02.2020 and that totally 21.30 kg of Ganja was involved in this case, which is commercial quantity. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6591 of 2020 4.Perusal of entire records including confession statement of first accused, prima facie it reveals that the petitioner is the daughter fo the first accused and both accused involved in selling of ganja in retail basis after procured the same from other State. The material on record further indicate that this petitioner was availble at occurrence place along with main accused from whom the contraband said to have been recovered.

5.For granting bail in a case involving commercial quantity under NDPS Act, satisfaction in terms of Section 37 NDPS Act must be recorded. From the objection filed by the learned Additional Public Prosecutor, I find that as against A2 there are 8 cases of similar nature have been registered and pending. Hence, I am not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 24/06/2020 / TRUE COPY / / /2020 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 USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.6591 of 2020 Date :24/06/2020 GNS JM/PN/SAR 2/26.06.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2