Athimoolam v. The Inspector Of Police

CRL OP(MD).No.6875 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD).No.6875 of 2021 Athimoolam @ Selvaraj ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

Crime No.44 of 2021.

... Respondent/Complainant For Petitioner : Mr.M.S.Jeyakarthik Advocate.

For Respondent : Mr.M.Muthu Manickam Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.44 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole Accused, who was arrested on 18.04.2021 for the offence punishable under Sections 8(c) & 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.44 of 2021, on the file of the respondent police, seeks bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police. 3.The case of the prosecution is that on surprise inspection, the petitioner was found to be in possession of ganja weighing about 3.950 kg.

4.The learned counsel for the petitioner submitted that the quatity involved is not a commercial quantity and the petitioner is in custody from 18.04.2021 and no independent witnesses were available at the time of the alleged seizure and therefore, he seeks bail.

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CRL OP(MD).No.6875 of 2021 5.The learned Government Advocate (criminal side), on instructions, submitted that there are 16 previous cases against the petitioner and he was involved in house breaking and theft and selling ganja. Therefore, he opposes this petition. 6.Considering the rival submissions of the learned Government Advocate (Criminal Side) that the allegations raised against the petitioner are serious in nature and that the petitioner is involved in 16 other cases and also considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 19/05/2021 / 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, MANDALA MANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.6875 of 2021 Date :19/05/2021 MR/NS MS/MNR/SAR-3/27.05.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2