Sethumanickam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17403 of 2021 Sethumanickam ... Petitioner/Accused Vs State rep.by The Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

(Crime No.172 of 2021) ... Respondent/Complainant For Petitioner : M/s.D.Balamurugapandi, Advocate. For Respondent : M/s.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.172 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 27.09.2021 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act and 25(1B)(a) of Arms Act in Crime No.172 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 220 grams of cannabis. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 27.09.2021. Hence, he seeks for grant of bail.

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4.The learned Additional Public Prosecutor strongly opposed this petition on the ground that the petitioner is having two previous cases of similar in nature, he is a regular offender and that the country made gun was also recovered from the petitioner. 5.Considering the seriousness and gravity of the offence alleged and also the facts that the petitioner is having two previous cases of similar in nature, that the petitioner is in judicial custody from 27.09.2021, that the country made gun was recovered from the petitioner and that the investigation is pending as stated by the learned Additional Public Prosecutor, this Court is not inclined to grant bail to the petitioner at that point of time. 6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 10/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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 POLIE, THANGACHIMADAM POLICE STATION, RAMANATHAPURAM DISTRICT.

2. THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

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

+1. CC to M/S.BALAMURUGAPANDI D Advocate SR.No.7979

ORDER

IN CRL OP(MD) No.17403 of 2021 Date :10/11/2021 SP/PN/SAR I/16/11/2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/