Dhivya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Dhivya ... Petitioner/Accused No.12 Vs The State rep.by, The Inspector of Police, Thadikombu Police Station, Dindigul District.

(Crime No.224/2022). ... Respondent/Complainant For Petitioner : M/s.Muhilan V, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.224/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A12, who was arrested and remanded to judicial custody on 05.08.2022 for the offences punishable under Section 8(c) 20(b)(ii)(C) & 25 of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.224 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 28.07.2022, at about 01.00 p.m, on secret information, the respondent police went to the place of occurrence. On seeing the police party, the A1 to A4 tried to run away from the place of occurrence. But, the respondent police nabbed the accused and they were found in possession of 34 Kg of Ganja. On the confession statement of the above said accused, present case has been registered against the petitioner. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this 1/3

case. He would further submit that the petitioner's name was not found in the FIR, no contraband was seized from the petitioner and no previous case is pending against the her. Only based upon the confession statement of A1 & A4, she was implicated in this case. Except the confession statement, there was no material to connect the petitioner in this case. She has not engaged any such offence and Section 37 of the Act is not applicable to the petitioner. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that A1 used to purchase contraband along with A6 through A8. That contraband was transported through train from Andhra Pradesh to Dindigul Railway Station by A15 & A20.

From there, with the help of A16 to A19, on the instruction of A1 to A6, they transported the contraband in vehicle bearing Registration No.KL-21-C-786, which belongs to A16 & A19. They kept the contraband in the house of A7, where A3 and his wife A5 are residing. A15 namely, Jalabaga Logeswara Prasath, who is residing in Andhra Pradesh. Through him only, all the accused persons purchased contraband from Andhara Pradesh regularly. Further, A15 used to sell Ganja to A11, A12, A13, A14, A16 and A19. A8 to A10 are residing in Andhra Pradesh. They acted as a dealer and through them, the contraband was purchased from Andhra Pradesh, transported to Tamil Nadu and supplied to the other accused.

5.He would further submit that till date 20 persons were arrayed as accused. A5, A6, A7, A9, A10 & A20 are absconding. When the respondent police collecting the call details, it was found that all the accused had large network and also close access in dealing the drug trafficking in Tamilnadu.

6.He would further submit that the petitioner herein is the main accused. She is the pin point of the offence and there was bank transaction between her and the co-accused. Further, the contraband involved in this case is commercial quantity and the investigation is in very preliminary stage. Hence, he strongly opposed to grant bail to the petitioner.

7.Considering the facts and circumstances of the case and also considering the facts that the contraband involved in this case is commercial quantity and the investigation is in very preliminary stage, this Court is not inclined to grant bail to the petitioner. 8.Accordingly, this Criminal Original Petition is dismissed. sd/- 03/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 2/3

TO 1.THE SUPERINTENDENT, CENTRAL PRISON SUB JAIL, NILAKKOTTAI.

2.THE INSPECTOR OF POLICE, THADIKOMBU POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.19077 of 2022 Date :03/11/2022 RK/VR/SAR-3 (17/11/2022) 3P/4C 3/3