Venkateswaran v. The Inspector Of Police

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.7084 of 2021 Venkateswaran ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Vallam Police Station, Thanjavur District.

Crime No. 42/2021. ... Respondent/Complainant For Petitioner : Mr.Sundaramoorthy. K, Advocate.

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

PRAYER :- For Bail in Crime No. 42/2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 20.01.2021 for the offences punishable under Section 8(c) r/w. Section 20(b) (ii)(c) of NDPS Act, in Crime No.42 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that based on the secret information, the respondent police conducted a raid at Elupatti to Marunkulam road, at that time, the petitioner was found in possession of 21.900 Kgs of Ganja. Hence, the case has been registered for the offences as stated above.

3.The learned counsel for the petitioner submitted that the petitioner is a student and he is an innocent person and he has not committed any offence as alleged by the prosecution and he is in judicial custody from 20.01.2021 onwards, hence, he may be granted bail.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Criminal side) submitted that the petitioner is the sole accused in this case and that the petitioner is having four previous cases. 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 21.900 Kgs of Ganja, which is a commercial quantity and the petitioner is having four previous cases, 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.

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 SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2. THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.7084 of 2021 Date :02/06/2021 LS TE/VR/SAR-I : 04/06/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/