Venkateswaran Alias Gowtham v. The Inspector Of Police

CRL OP(MD)No.8073 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD)No.8073 of 2021 Venkateswaran @ Gowtham ... Petitioner/Sole Accused Vs The State rep by its The Inspector of Police, Vallam Police Station, Thanjavur District.

(Crime No.42 of 2021).

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

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

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

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 20.01.2021 for the offences punishable under Section 8(c) and 20(b)(ii)(B) of Narcotic Drugs & Pshchotropic Substances Act, 1985 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 that time, the petitioner was found in possession of 22 kgs of Ganja. Hence, the case has been registered for the offences as stated above. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in this case. He would further submit that the petitioner is a student and he is in judicial custody from 20.01.2021 onwards. Therefore, he prays to grant bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.8073 of 2021 4.The learned Government Advocate (Crl.Side) would submit that the petitioner is having four previous cases, which are not similar in nature and they are related to IPC offences. He would further submit that the contraband seized from the accused is commercial quantity and hence, he opposes to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the contraband in question is 22 kgs of Ganja, which is 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/- 22/06/2021 / 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 INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.8073 of 2021 Date :22/06/2021 MSA JM/AKM/SAR II/28.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2