Harunkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Harunkumar ... Petitioner/Accused No.6 Vs The Inspector of Police, SS Colony Police Station, Madurai District.

Crime No. 227 of 2024.

... Respondent/Complainant For Petitioner : Mr.SMA. Jinnah, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 227 of 2024 on the file of the respondent police. 1/3

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 19.05.2024 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act altered as Sections 20(b)(ii)(c), 25 and 29(i) of NDPS Act, in Crime No. 227 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with the other accused was found in illegal possession of 8.5 Kilogram of ganja. 3.The learned Counsel appearing for the petitioner would submit that the petitioner is not an omni bus Driver and no recovery was made personally from the petitioner. As a matter of fact, the respondent has recovered the entire collection amount of Rs.20,000/- and reported falsely as if a sum of Rs.4,000/- is recovered from the Driver. Even otherwise, the quantity recovered from the Bus is not a commercial quantity and therefore, the petitioner is entitled for grant of bail. 4.Heard the learned counsel on either side and perused the material records of the case.

5.Considering the fact that the petitioner was arrested only on 19.05.2024, considering the allegation that every time, the accused have used the same bus for committing the offence and also considering that the accused, from whom the ganja was recovered is the Driver of the bus and without ticket, one person seated in the 2/3

cabin of the Driver. At this stage, I am not inclined to enlarge the petitioner on bail. 5.Accordingly, this Criminal Original Petition is dismissed. sd/- 06/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE INSPECTOR OF POLICE SS COLONY POLICE STATION, MADURAI DISTRICT.

2 THE SUPERINTENDENT, MADURAI CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.12089 of 2024 Date :06/08/2024 PSP/GS/SAR /23.08.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3