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Madras High CourtCRL OP(MD)/13581/2022dismissed

Sanmugam v. The Inspector Of Police

2022-09-16Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.13581 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved On :

13.09.2022 Pronounced On :

16.09.2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.13581 of 2022 Sanmugam ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, NIB-CID, Dindigul District.

Crime No.5 of 2022.

... Respondent/Complainant For Petitioner : M/s.Karuppasamy Pandiyan.G, 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.5 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 30.03.2022 for the offences punishable under Sections 8 (c), 20(b)(II)(c) and Sections 25 of NDPS Act in Crime No.5 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 30.03.2022, based on the secret information given by the informant, the respondent police along with the police party conducted a vehicle check up at Vedasandur to Kakathoppu Vilakku Road Privu, at that time, the petitioner along with others were found in possession of 215kgs of Ganja. Hence, the complaint.

3.On the side of the petitioner, it is stated that based on the confession statement of the co-accused, this petitioner has been arrayed as A-3 and no recovery was made from him and prayed the petitioner to be released on bail.

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

CRL OP(MD). No.13581 of 2022 4.On the side of the prosecution, it is stated that the petitioner and other accused were in possession of 215 kgs of Ganja illegally. The quantity involved in this case is a commercial quantity of ganja. The investigation is pending and prayed the petition to be dismissed.

5.Considering the period of incarceration and on considering the seriousness and gravity of the offence alleged and also considering the fact that the quantity involved in this case is commercial quantity in nature, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 16/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI. 2.THE INSPECTOR OF POLICE, NIB-CID, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.13581 of 2022 Date :16/09/2022 RK/SVR/SAR-II (19/09/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2