Madras High CourtCRL OP(MD)/11618/2021dismissed

Mariyappan @ Peekankottai v. The Inspector Of Police

2021-09-21Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD)No.11618 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 21.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.11618 of 2021 Mariyappan @ Peekankottai ... Petitioner/Accused No.1 Vs State rep. by The Inspector of Police, Velipalayam Police Station, Nagapattinam District. (Crime No.814 of 2021) ... Respondent/ Complainant For Petitioner : Mr.K.A.S.Prabhu, 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.814 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioner, who was arrested and remanded to judicial custody on 14.07.2021, in connection with the case registered in Crime No.814 of 2021 for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, has filed this application seeking bail.

2. The prosecution case is that on a secret information, the defacto complainant conducted a raid at Thamaraikulam Thenkarai. On seeing the police, the petitioner and other accused attempted to flee away from the place and the respondent police apprehended the petitioner alone. On verification, the petitioner was found in possession of 1.950 kgs of Ganja and hence, the complaint.

3. Learned Counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution. However, a false case has been foisted as against him and therefore, prays for grant of bail.

4. Learned Additional Public Prosecutor, on instructions, submitted that apart from this case, the petitioner is having seven previous cases to his credit, of which, one case is for the offence u/s 302 IPC, one case is for NDPS offence.

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CRL OP(MD)No.11618 of 2021

5. Considering the nature of allegation and the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this application stands dismissed. sd/- 21/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE VELIPALAYAM POLICE STATION, NAGAPATTINAM DISTRICT. 2 THE OFFICER INCHARGE, DISTRICT JAIL, NAGAPATTINAM.

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

ORDER

IN CRL OP(MD) No.11618 of 2021 Date :21/09/2021 GK MK/VR/SAR.III/27.09.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2