Selvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Selvi, ... Petitioner/Accused No.1 Vs State Rep by The Inspector of Police, Vadasery Police Station, Kanyakumari District.

(Crime No.458 of 2021) ... Respondent/Complainant For Petitioner : No appearance For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 458 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 21.07.2021, for the offence punishable under Sections 8(c) and 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.458 of 2021, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 21.07.2021, the Sub Inspector of Police and his team went for a raid at Vadasery Kangamoolam Santhai and they found that the petitioner along with two other accused was in possession of 21 kgs of ganja for sale.

3. Today, when the matter is called, there is no representation for the petitioner.

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4. It is the case of the petitioner that she is an innocent person and she has not committed any offence as alleged by the prosecution. However, she has been languishing in jail from 21.07.2021. Since she is the only sole bread winner of her family, she prayed for grant of bail.

5. The learned Additional Public Prosecutor appearing for the respondent Police opposed for grant of bail on the ground that the entire contraband of 21 kgs. of ganja has been recovered from the petitioner herein and apart from this case, the petitioner is also involved in two other cases of similar in nature. He further submitted that the investigation is at the initial stage. Hence, he prayed for dismissal of the bail petition.

6. Considering the nature of offence, the antecedent of the petitioner and the fact that the entire contraband of 21 kgs. of ganja has been recovered from the petitioner and the investigation is at the initial stage and also in view of provisions under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition is dismissed. sd/- 25/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 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, Vadasery Police Station, Kanyakumari District.

2. The Superintendent, Central Prison, Palayamkottai.

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

ORDER IN CRL OP(MD) No.14621 of 2021 Date : 25/10/2021 TR/PN/SAR-II(01.11.2021) 3P 4C 3/3