Kanthasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8182 of 2021 Kanthasamy ... Petitioner/Accused No.3 Vs State Rep. By The Inspector of Police, Manur Police Station, Tirunelveli.

Cr.No.367 of 2020. ... Respondent/Complainant For Petitioner : Mr.S.Mandhiralingeswaran, 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.367 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 31.07.2020 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C), 29(1), 25 of NDPS Act in Crime No.367 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 29.07.2020 at about 08.00 a.m., at Rastha Village, Sankarankovil Main Road, Tirunelveli, the accused person came in an Auto with the possession of plastic bag containing ganja weighing about 14 kgs which was transported for retail sale. Based on the confession statement of co-accused on 30.07.2020, contraband weighing 8 kgs was recovered from the petitioner. Hence, the present case has been registered. 3.Heard the learned counsel on either side.

https://hcservices.ecourts.gov.in/hcservices/ 4.This is the second bail petition. The petitioner's earlier bail petition in Crl.O.P.(MD)No.2049 of 2021 was dismissed after

considering the submissions made by the learned counsel for the petitioner. Since the dismissal of the earlier bail petition, there is no change of circumstances in this case and the learned counsel for the petitioner also is not in a position to show that there is any change of circumstances. In this view of the matter, this Court is not inclined to grant bail to the petitioner. 5.Accordingly, this Criminal Original Petition is dismissed. Sd/- 23/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, MANUR POLICE STATION, TIRUNELVELI.

2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.8182 of 2021 Date : 23/06/2021 VB/VR/SAR.III/28.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/