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Madras High CourtCRL OP(MD)/7051/2021dismissed

Malaichamy v. The Inspector Of Police

2021-06-02Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.7051 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2021 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CRL OP(MD) No.7051 of 2021 Malaichamy ... Petitioner/Accused No.2 Vs The State by, The Inspector of Police, NIB CID, Theni, Theni District.

Crime No.16 of 2021.

... Respondent/Complainant For Petitioner : Mr.R.Balamuruganantham, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For bail in Crime No. 16 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner who was arrested on 11.03.2021 and remanded to the Judicial custody for the past 3 months for the alleged offences under Sections 8(c), 20(b)(ii)(C), 29(1) of NDPS Act, 1985 in Crime No.16 of 2021 seeks bail.

2. The case of the prosecution is that the petitioner had illegally transported 80 kgs of Kanja by using his vehicle. Hence, the present complaint lodged against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was in judicial custody for the past 3 months. Hence, he prays for grant bail to the petitioner.

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4. The learned Government Advocate (Criminal side) would submit 1/2

CRL OP(MD). No.7051 of 2021 that the petitioner had illegally transported 80 kgs of Kanja. Hence, he vehementaly opposed for grant of bail to the petitioner. He further submitted that the contraband seized from the accused is commercial quantity and therefore, he opposed this bail petition.

5. Considering the facts and circumstances of the case and also considering the fact that the contraband in question is 80 Kgs of Ganja, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 02/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI, MADURAI DISTRICT.

2. THE INSPECTOR OF POLICE, NIB CID, THENI, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7051 of 2021 Date :02/06/2021 KMM SRS/VR/SAR-I/04.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2