Madras High CourtCRL OP(MD)/8010/2023dismissed

Harishankar v. The Inspector Of Police

2023-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD)No.8010 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.04.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.8010 of 2023 Harishankar ... Petitioner/Accused No.1 Vs State Represented by The Inspector of Police, Town North Police Station, Dindigul.

(In Crime No.20 of 2022) ... Respondent/Complainant For Petitioner : Mr.C.Mayilvahagana Rajendran, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.20 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 01.04.2023 for the offences punishable under Sections 8 (c), r/w 20(b)(ii)(c), 25 of NDPS Act in Crime No.20 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 06.11.2022 at about 09.00 pm., an auto rickshaw bearing Reg.No.TN 57 AA-8399 and a motorcycle bearing Reg.No.TN 57 BK 4411 were intercepted by the respondent police. On seeing the police party, the rider of the two wheeler and auto rickshaw driver tried to ran away from the place of occurrence. However, auto driver was caught hold by the respondent police. On search, they found that the driver was in illegal possession of 22.200 kgs of ganja. Hence, the case. 3.Heard both sides and perused the materials available in the record.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD)No.8010 of 2023 4.It is seen that the petitioner along with other accused were found in illegal possession of 22.2kgs of ganja, which is commercial quantity. That apart, the petitioner involved in so many previous cases and he failed to satisfy the twin conditions as contemplated under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 27/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1 THE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, DINDIGUL.

2 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.8010 of 2023 Date :27/04/2023 RS/MMS/SAR-(30.05.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2