Kumar@Meenkumar v. The Inspector Of Police

CRL OP(MD). No.14067 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.14067 of 2020 Kumar ST @ Meenkumar ... Petitioner/Sole Accused Vs State rep by The Inspector of Police, Colachel Police Station, Kanyakumari District.

Crime No. 411 of 2020.

... Respondent/Complainant For Petitioner : Mr.T.Wins, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.411 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Sole accused, was arrested and remanded to judicial custody on 18.10.2020, for the offence under Section 8 (C) r/w 20(b)(ii)(A) of the NDPS Act, 1985 r/w Section 77 of JJ Act, 2015, in Crime No.411 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of 450 gms of Ganja. After completing all the formalities and taking the statement of the petitioner and also arresting him, he was brought to the Station and Crime No.411 of 2020 was registered for the offences under Section 88 (C) r/w 20(b) (ii)(A) of the NDPS Act, 1985 r/w Section 77 of JJ Act, 2015. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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CRL OP(MD). No.14067 of 2020 4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is not having any bad antecedent and hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that at the time of seizure, the contraband was seized from the petitioner. He further submitted that there are six previous cases pending against the petitioner. 6.Considering the facts and circumstances of the case and also considering the fact that the contraband was seized from the petitioner and there are six previous cases pending against the petitioner, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this criminal original petition stands dismissed.

sd/- 14/12/2020 / TRUE COPY / / /2020 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, COLACHEL POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14067 of 2020 Date :14/12/2020 vsg AE/SMA/SAR-IV (16.12.2020) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2