Madras High CourtCRL OP(MD)/8207/2024dismissed

Muthukumar v. The Inspector Of Police

2024-06-06Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Muthukumar ... Petitioner / Accused No.3

Versus

State Rep. by The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai.

(Crime No.329 of 2023) ... Respondent / Complainant For Petitioner :

Mr.A.Rajaram, 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.329 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime 1/3

No.329 of 2023 for the offence under Sections 8(c) r/w. 20(b)(ii)(C), 29(1) and 25 of Narcotic Drugs & Psychotropic Substances Act, 1985 and remanded him into judicial custody on 10.03.2023. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 23 kgs of ganja.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 10.03.2023. Therefore, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner was arrested with contraband to an extent of 23 kgs., of ganja. He further submits that the earlier bail applications filed by the petitioners in Crl.O.P.(MD)Nos.21429 of 2023 and 3337 of 2024 were dismissed on the ground that the petitioner is having three previous cases, out of which, one case is relating to similar offence.

5. Considering the nature of offence and also considering the antecedent of the petitioner and since there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is dismissed. sd/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY To 1.The Inspector of Police, SS Colony Police Station, Madurai City, Madurai.

2.The Superintendent, Central Prison, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8207 of 2024 Date :06/06/2024 ED/ GS /SAR- (21/06/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3