Chinna Udaiyan @ Subramani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Chinna Udaiyan @ Subramani, ... Petitioner/Accused No.3 Vs The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

Crime No. 556/2023.

... Respondent/Complainant For Petitioner : Mr.V. Vijayasethupathy Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 556 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 03.12.2023 for the alleged offence 1/3

punishable under Sections 8(c), 20(b), (ii) (C), 25, 29(1) of NDPS Act, 1985 in Crime No.556 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused were found in possession of 22 kgs of ganja. 3.The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. The earlier bail applications filed by the petitioner before this Court in Crl.OP(MD) Nos.2610 of 2024 and 4534 of 2024, were dismissed on 20.02.2024 and 21.03.2024 respectively. This is the third bail application filed by the petitioner. The petitioner is languishing in jail for the past 126 days.

4.The learned Additional Public Prosecutor appearing for the respondent strongly objects for grant of bail to the petitioner as this petitioner was present along with the first accused at the time of recovery of 22 kgs of ganja. He further submits that the investigation is in crucial stage.

5.Considering the quantity of contraband involved in this case and in 2/3

view of the provision under Section 37 of NDPS Act, 1985, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed.

sd/- 16/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, THENI.

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

ORDER

IN CRL OP(MD) No.5764 of 2024 Date :16/04/2024 SS/VR/SAR- /23/04/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3