Mathanselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Mathanselvam, ... Petitioner/Accused No.6 Vs The Inspector of Police, Pettai Police Station, Tirunelveli City.

Crime No.7 of 2024..

... Respondent/Complainant For Petitioner : N.Pragalathan, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No.7 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A6, who was arrested and remanded to judicial custody on 07.01.2024 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29 1/3

(1) of NDPS Act, in crime No.7 of 2024 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 illegal possession of 25 Kgs of Ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that no recovery was made from the petitioner no previous case is pending against him. Further, the petitioner is in judicial custody from 07.01.2024. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that totally 8 accused are involved in this case. The petitioner is arrayed as A6. A1 is the main accused and A2 and A3 are the friends. A2 purchased the contraband from A1 and handed over the same to A3. A3 handed over the same to A4 to A8 for sale. The contraband involved in this case is commercial quantity. Since it is the biggest chain network, the respondent police are collecting call details of the accused and the investigation is in crucial stage. At this stage, if the petitioner is released on bail, it will affect the investigation. Hence, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the contraband involved in this case is a commercial quantity and the investigation is in crucial stage, this Court is not inclined to grant bail to the 2/3

petitioner at this point of time.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 01/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE INSPECTOR OF POLICE PETTAI POLICE STATION, TIRUNELVELI CITY.

THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT..

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

ORDER

IN CRL OP(MD) No.7191 of 2024 Date :01/07/2024 PKP/GS/SAR /09.07.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3