Madras High CourtCRL OP(MD)/8925/2021dismissed

Ramesh v. The Inspector Of Police

2021-07-07Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8925 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8925 of 2021 Ramesh ... Petitioner/Sole Accused Vs State rep.by, The Inspector of Police, Viruthatchalam Police Station, Cuddalore District Crime No. 534/2021. ... Respondent/Complainant For Petitioner : Mr.M.R.R.Sivasubramanian, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.534 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 18.06.2021 for the offences punishable under Sections 8(C) r/w. 20(b)(ii)(B) of NDPS Act in Crime No.534 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 18.06.2021 when the respondent police was on their usual rounds near Pudhupettiamman kulam, they found the petitioner. On seeing the police he tried to escape. The police party apprehended them. The respondent police introduced themselves to the accused and informed him about the right to be searched in the presence of the Judicial Magistrate or Gazetted Officer. The petitioner expressed his willingness to be searched by the police party themselves. On search they found the petitioner in possession of 1.15kgs of ganja, therefore the case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8925 of 2021 case. He would further submit that the petitioner is in judicial custody from 18.06.2021, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed the bail petition on the ground that the investigation is not yet completed. He would further submit that four previous case of similar nature is pending against the petitioner in Crime Nos. 39 of 2019, 40 of 2019,41 of 2019 and 48 of 2019.

5.Taking note of the facts and circumstances of the case and also the fact that the petitioner is having four previous cases similar in nature and also the fact that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 07/07/2021 / 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, VIRUTHATCAHALAM POLICE STATION, CUDDALORE DISTRICT.

2.THE OFFICER IN-CHARGE, SUB JAIL, VILUPPURAM.

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

ORDER

IN CRL OP(MD) No.8925 of 2021 Date :07/07/2021 AAV PK/AKM/SAR-III/09.07.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2