Palaniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15315 of 2023 Palaniyandi ... Petitioner/Accused Vs The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District, In Crime No.19/2023.

... Respondent/Complainant For Petitioner : M/s.Subaash.S, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.19/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 14.07.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c), 25, 27A and 29(1) of NDPS Act, 1985 in Crime No.19 of 2023, on the file of the respondent police, seeks bail. 1/3

2.The case of the prosecution is that on 17.02.2023 at about 8.00 a.m., when the defacto complainant was on duty, he received secret information that near Nerthiyariruppu crematorium area, some persons are found with Ganja. Along with police team, he went to the above said place. At that time, at about 09.00 a.m., they found a four wheeler bearing registration No.TN 38 CR 4612 in a suspicious manner. On search, they found six persons in the vehicle and on seeing the police party, they tried to escape. They were apprehended. A search was made and the vehicle was found in possession of 13 bundles and on further search they found the contraband totally weighing about 26 kgs. That was seized. On the basis of the above said occurrence, case was registered. The petitioner was arrested and remanded to judicial custody on 14.07.2023.

Ever since, he is in custody. Seeking bail this petition has been filed on the ground that this case has been foisted upon the petitioner falsely. 3.The learned Additional Pubic Prosecutor would submit that on the basis of the confession statement of the first accused, the involvement of this petitioner came to light and further submitted that the petitioner is involved in five previous cases, similar in nature. Apart from that he is also involved in one robbery and attempt to commit murder.

4.Considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. If the bail is granted to the petitioner, there is no 2/3

guarantee that he will not commit similar offence again while on bail. On that ground this petition deserves to be dismissed.

5.Accordingly, this criminal original petition stands dismissed. sd/- 23/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO

1. The Superintendent, Central Prison, Salem.

2. The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.15315 of 2023 Date :23/08/2023 SSA/VR/05.09.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3