Kundal @ Mathanraja v. The Inspector Of Police

CRL OP(MD). No.5734 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5734 of 2023 Kundal @ Mathanraja, ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

(Crime No.299/2022).

... Respondent/Complainant For Petitioner : M/s.Anandan B, Advocate.

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

PRAYER :- For Bail in Crime No.299/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 25.12.2022 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(C), 25, 27(A) and 29(1) of NDPS Act, 1985 in Crime No.299 of 2022 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 22.300kgs of Ganja. Hence, the case.

3.Heard. Perused the materials available on record including the First Information Report.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5734 of 2023 4.It is seen that there are four accused involved in this case. The petitioner is arrayed as A3. The petitioner along with three other accused were travelling in a car and they were found in possession of 22.300kgs of Ganja. That apart, the petitioner has also involved in four previous cases, out of which, one previous case is similar in nature and other cases are registered under Section 392 IPC. However, the petitioner has also failed to satisfy the twin conditions as contemplated under Section 37 of NDPS Act. The grounds raised by the petitioner can be considered only before the trial Court during the trial. Hence, this petition stands dismissed.

sd/- 28/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.5734 of 2023 Date :28/03/2023 PKP/MMS/SAR-4/17.04.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2