V.Siva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI V.Siva, ... Petitioner/Accused 6 Vs The Inspector of Police, PEW Police Station, Pudukkottai, Pudukkottai District.

(Crime No.459/2023).

... Respondent/Complainant For Petitioner : Mr.S.AYYANAR PREM KUMAR, Advocate.

For Respondent : Mr.E.ANTONY SHAYA PRABAHAR, Additional Public Prosecutor PRAYER :- For Bail in Crime No.459/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.459 of 2023 for the offence under Section 8 (c) r/w. Sections 20 (b)(ii) (c), 25, 29 (1) of NDPS Act and remanded him into judicial custody on 18.02.2023. Therefore, the petitioner has filed this petition seeking bail. 1/3

2. The case of the prosecution is that the petitioner and other accused persons were in possession of 409 Kgs of Ganja.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 18.02.2023.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner is the main accused and this is the second bail application. He further submits that charge sheet has also been filed and it is posted for appearance of the accused on 27.04.2024.

5. The petitioner is arrayed as A6 in this case. This is the second application for grant of bail. The total quantity of contraband involved is 409 Kgs. The learned Additional Public Prosecutor also submits that there are materials that this petitioner was in frequent touch with the other accused and there are 97 call among them. Apart from that, his mobile tower location reveals that he was at Vijayawada during the relevant period and he has procured the contraband from Andra Pradesh and transported. Charge sheet has also been filed and it is posted to 27.04.2024 for appearance of the accused.

6. Considering the quantity of contraband involved in this case and the materials as against this petitioner, this Court is not inclined to grant bail to the 2/3

petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE INSPECTOR OF POLICE, PEW POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.6111 of 2024 Date :22/04/2024 SA/JGB/SAR. /30.04.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3