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Madras High CourtCRL OP(MD)/8274/2023dismissed

Karthick Kannan @ Parthiban v. The Inspector Of Police

2023-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD)No.8274 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.04.2023 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.8274 of 2023 Karthick Kannan @ Parthiban ... Petitioner/Accused No.5 Vs.

State Rep.by The Inspector of Police, Karur Town Police Station, Karur District.

(Cr.No.597 of 2022) ... Respondent/Complainant For Petitioner : Mr.S.Abdul Rahuman, Advocate For Respondent : Mr.T.Senthilkumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarged the Petitioner/Accused No.5 on bail in C.C.No.89 of 2023 on the file of the Special Court for EC and NDPS Act Cases, Pudukottai in Crime No.597 of 2022 on the file of the Respondent. ORDER : The Court made the following order :- The petitioner /A5 who was arrested and remanded to judicial custody on 31.08.2022 for the offences under sections 8(c)r/w.20(b) (ii)(C), 25 and 29(1) of NDPS Act in Crime No.597 of 2022, seeks bail.

2. The case of the prosecution is that on 31.08.2023 at about 05.30 hours, based on the secret information, the respondent police conducted vehicle check up at Mochakottampalayam Bus stop in Karur, at that time, two persons came in a vehicle bearing Registration No.TN 49 AR 3276. on seeing the police, the accused persons turned the vehicle and tried to escape from the scene of occurrence. But, the respondent police surrounded them and on search, the respondent police found a polythene bag, under the two wheeler seat, which contains 1.100kgs of Ganja. After completing the procedure contemplated under the NDPS Act, the respondent police arrested the accused persons along with contraband and seized the vehicle. Hence, the case.

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CRL OP(MD)No.8274 of 2023

3. The learned counsel appearing for the petitioner submitted that based on the confession of A1, the petitioner has been falsely implicated in this case.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has been detained under Act 14 of 1982 by detained order dated 02.11.2022.

5. In view of the submission of learned Additional Public Prosecutor, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rmk To 1 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR 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.8274 of 2023 Date :28/04/2023 RS/VR/SAR-2(17.05.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2