Madras High CourtCRL OP(MD)/10107/2023dismissed

G.Hariharan v. The Inspector Of Police

2023-06-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.10107 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10107 of 2023

1. G.Hariharan

2. Vijayendren ... Petitioners/Accused No.1&2 Vs The State rep.by, The Inspector of Police, Koodal Pudur Police Station.

Madurai.

(In Crime No.89 of 2023).

... Respondent/Complainant For Petitioner : M/s. Raja.A, Advocate.

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

PRAYER :- For Bail in Crime no.89 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 24.01.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25, 29(1) and 25(1)(a) of Narcotic and Substances Act in Crime No.89 of 2023 on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 24.01.2023 at about 13.45 hours, based on the secret information received by the SubInspector of Police, when the respondent police went near the railway track on the back side of Central Railway Kutset, Koodalnagar, Madurai, the petitioner along with other accused coming https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.10107 of 2023 in the two wheeler bearing Registration No.TN-59-AU-2478 Hero Honda. On seeing the police party, all the accused tried to run away from that place. The respondent police nabbed the petitioner along with other accused and enquired them and found that the petitioner along with other accused to be in joint possession of 21kgs of Ganja. The said contraband was seized by the respondent police and sample has also been taken. Hence, the case.

3.Heard. Perused the materials available on record including the First Information Report.

4.It is seen that the petitioner along with other accused were found in possession of contraband weighing 21kgs of Ganja, which is a commercial quantity. That apart, the petitioner has failed to satisfy the twin conditions as contemplated under Section 37 of the NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner.

5.In the result, this petition stands dismissed. sd/- 09/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1.THE SUPERINTENDENT, MADURAI CENTRAL JAIL, MADURAI.

2.THE INSPECTOR OF POLICE, KOODAL PUDUR POLICE STATION.

MADURAI.

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

ORDER

IN CRL OP(MD) No.10107 of 2023 Date :09/06/2023 RK/CG/SAR- (21/06/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2