Berlin v. The Inspector Of Police

CRL OP(MD). No.15836 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15836 of 2020 Berlin ... Petitioner/Accused No.6 Vs The State rep. by The Inspector of Police, Kadaiyalumoodu Police Station, Kanyakumari District.

Crime No.114 of 2020. ... Respondent/Complainant For Petitioner : M/s.Mohamed Haneef.A, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C PRAYER :- For Bail in Crime NO.114 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A6, who was arrested and remanded to judicial custody on 08.10.2020 for the offences punishable under Sections 8(c) r/w 20(b) (ii)(C), Section 25 of NDPS Act on the file of the respondent police seeks bail.

2.The case of the prosecution is that on receipt of the secret information, the respondent police along with his team went to Netta Check Post on 07.10.2020 at 5.30 p.m., at that time, the petitioner along with other accused persons came in motorcycle with contraband and the respondent police found that the third accused possessed with 10 kilograms of Ganja, the 5th accused possessed with 10 kilograms of Ganja and the 7th accused possessed with 8 kilograms of Ganja and the same was recovered from the co-accused. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.15836 of 2020 3.The learned Government Advocate (Criminal side) appearing for the respondent, on instructions, would submit that investigation is going on and the custodial interrogation of the petitioner is necessary in this case.

4.It is seen from the records that the earlier bail petition filed by the petitioner in Crl.O.P.(MD)No.13173 of 2020 was dismissed by this Court on 27.11.2020 and now, there is no change in circumstances in the investigation and hence, this Court is not inclined to grant bail to the petitioner.

5.Accordingly, this criminal original petition stands dismissed.

sd/- 23/12/2020 / 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 SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

2. THE INSPECTOR OF POLICE, KADAIYALUMOODU POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15836 of 2020 Date :23/12/2020 AM SRS/SMA/SAR-I/07.01.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2