M.Marimujthu v. The Inspector Of Police

CRL OP(MD). No.19280 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19280 of 2022 M.Marimuthu ... Petitioner/Accused No.1 Vs The State rep by, The Inspector of Police, NIB CID, Thoothukudi.

Crime No.5/2022.. ... Respondent/Complainant For Petitioner : M/s.Rajapackiam P, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.5/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 21.12.2021 for the offences punishable under Sections 8(c), 22(c), 29(1) NDPS Act, 1985, in Crime No.5 of 2022 (initially the case was registered by the Thoothukudi Central Police Station in Crime NO.373 of 2021 and the same was transferred to NIB CID, Thoothukudi. It was taken on file on Crime No.5/2022) on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 21.720 Kg of heroin. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that no previous https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19280 of 2022 case is pending against the petitioner and the petitioner is in judicial custody from 21.12.2021. Hence, he may be released on bail. 4.The learned Additional Public Prosecutor would submit that the contraband involved in this case is commercial quantity. Hence, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the contraband involved in this case is commercial quantity, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 30/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO 1 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

2.THE INSPECTOR OF POLICE, NIB CID, THOOTHUKUDI.

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

ORDER

IN CRL OP(MD) No.19280 of 2022 Date :30/11/2022 RK/BUC/SAR-1(21/12/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2