Madras High CourtCRL OP(MD)/6560/2021dismissed

Ganesamorthy v. The Inspector Of Police

2021-05-20Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.6560 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6560 of 2021 Ganesamorthy ... Petitioner/Accused Vs State Rep.by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Crime No.141 of 2021) ... Respondent/Complainant For Petitioner : Mr.I.Sabeer Mohammed Advocate.

For Respondent : Mr.S.Ravi Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.141 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who is in custody from 02.04.2021, for the offences under Sections 8(c) r/w 20(b)(ii) (B) of NDPS Act, in Crime No.141 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that based on a secret information, the respondent police went to the alleged occurrence place and at that time, the petitioner was standing with a bag and when he attempted to escape from the spot, the respondent police surrounded him and recovered 2.100 kgs of Ganja. Hence, this complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

4.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged in the First Information Report and he was falsely implicated in this case. The petitioner is in custody from 02.04.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6560 of 2021 5.The learned Government Advocate appearing on behalf of the respondent police would submit that the petitioner is involved in two other similar cases and strongly objected to release the petitioner on bail.

6.After hearing the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and also from the order passed by the learned Sessions Judge, Special Court for E.C and NDPS Act, Pudukottai it is seen that the petitioner is having similar previous cases and steps have been taken to detain him under Goondas Act. Further, it is stated that the investigation in this case is under progress. 7.Considering the facts and circumstances of the case and also considering the fact that the investigation in this case is pending, I find no merit in this petition. Hence, I am not inclined to grant bail to the petitioner and accordingly, this Criminal Original Petition is dismissed.

sd/- 20/05/2021 / 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, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

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

ORDER IN CRL OP(MD) No.6560 of 2021 Date :20/05/2021 VRN/MR MS/MNR/SAR-3/26.05.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2