Madras High CourtCRL OP(MD)/16542/2021dismissed

Shine Jose v. The Inspector Of Police

2021-10-28Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.16542 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16542 of 2021 Shine Jose ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Kadaiyalumoodu Police Station, Kanyakumari District.

(Cr.No. 114/2020). ... Respondent/Complainant For Petitioner : M/s.Jameel Arasu B, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.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/A2, who was arrested on 08.10.2020, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c) and 25 of NDPS Act, 1985, in Crime No.114 of 2020, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on receiving secret information, the respondent Police conducted a vehicle check-up and on 07.10.2020 at about 10.00 p.m., they stopped a two-wheeler bearing Reg.No.KL-21-P-8158, in which, the petitioner carried 10 kgs of Ganja. The respondent Police recovered the contraband from the petitioner and arrested him.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that there was no recovery from the petitioner. However, he has been languishing in jail from 08.10.2020. Hence, he prayed for grant of bail.

4. The learned Additional Public Prosecution appearing for the respondent Police opposed for grant of bail stating that the contraband has been recovered from the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.16542 of 2021

5. Considering the nature of offence and the fact that the contraband has been recovered from the petitioner and in view of provisions under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 28/10/2021 / 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 Inspector of Police, Kadaiyalumoodu Police Station, Kanyakumari District.

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

ORDER

IN CRL OP(MD) No.16542 of 2021 Date :28/10/2021 RS/VR/SAR2 (11.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2