Madras High CourtCRL OP(MD)/3714/2016dismissed

Sugan v. The Inspector Of Police

2016-04-15Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice G.CHOCKALINGAM CRL OP(MD) No.3714 of 2016 SUGAN ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OF POLICE N.I.B. C.I.D,MADURAI, MADURAI DISTRICT, CR NO. 206/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.KANNAN Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as third accused and he was arrested and remanded to judicial custody on 28.10.2015 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(c) 29, 25 of NDPS Act in Crime No.206 of 2015 on the file of the respondent police and hence, seeks bail.

2. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence and he is wrongly implicated in this case and the petitioner is ready to produce substantial sureties as directed by this Court and the petitioner has been in judicial custody from 28.10.2015 and he prayed for grant of bail to the petitioner.

3. The learned Government Advocate (Crl. Side) filed a counter affidavit. In the counter, it is specifically stated that 120 kgs of ganja was seized and the value of the same is Rs.12 lakhs and the first accused gave confession and he confessed that the third accused is also involved in the offence and the earlier petition filed by the third accused in Crl.O.P. (MD) No.1157 of 2016 was dismissed by this Court https://hcservices.ecourts.gov.in/hcservices/ since the seized contraband was commercial quantity. Now there is no change of circumstances. Hence, this Court is of the considered view

that the petitioner is not entitled for grant of bail at this stage. Hence, this petition is dismissed.

sd/- 15/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON,MADURAI.

2 THE INSPECTOR OF POLICE N.I.B. C.I.D, MADURAI, MADURAI DISTRICT.

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

+1. CC to M/S V.KANNAN Advocate SR.No.21401

ORDER

IN CRL OP(MD) No.3714 of 2016 Date :15/04/2016 PA/JGB-DP/SAR I/22.04.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/