L.Sasikumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI L.SASIKUMAR ... PETITIONER / ACCUSED No.1 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, NIB CID, DINDIGUL, DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE CHATRAPATTI POLICE STATION, DINDIGUL DISTRICT. ... RESPONDENTS / COMPLAINANTS For Petitioner : MR.R.C.PAUL KANAGARAJ Advocate For Respondent : MR.RAVI, Additional public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

TO ENLARGE THE PETITIONER ON BAIL IN C.C NO. 580 OF 2021 IN CRIME NO. 36 OF 2021 ON THE FILE OF THE 1ST RESPONDENT AND PASS SUCH FURTHER OR OTHER ORDERS ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 1/4

02.02.2023 for the offence punishable under Sections 8(c), 20(b)(ii)(c), 25, 29(1) of the Narcotic Drugs & Psychotropic Substances Act, 1985 Act in Crime No.36 of 2021, on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that on 10.05.2021, the law enforcing agency intercepted one two wheeler and one car, which was driven by the accused persons. On search, it was found that they were in possession of 50 kgs of ganja. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is herein was not present at the scene of occurrence based on the confession statement of the co-accused, the petitioner herein was falsely implicated in the present case. He would further submit that the petitioner was arrested and remanded to judicial custody on 02.02.2023. Hence, he prayed for bail. 4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that initially the case was registered as against A2 and A3 and thereafter investigation was conducted, which reveals that the petitioner herein is the master-brain in the illegal transportation of the ganja and thereby, he was added as 2/4

first accused in this case. Thereafter, he filed five anticipatory bail petitions, which were dismissed by this Court and he was secured on 02.02.2023. Again he filed two bail petitions and the same were also dismissed. He would further submit that the investigation in this case completed, charge sheet also filed and trial was also commenced. He would also submit that the petitioner herein is having seven previous cases. Hence, he prayed to dismiss this bail petition. 5.Considering the fact that earlier two bail petitions were dismissed by this Court and that though the petitioner was not present at the time of occurrence, he is the master-brain behind the crime and also considering the fact that contraband seized by the respondent police is a commercial quantity and that the petitioner is having seven previous cases, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 10/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS TO THE DEPUTY SUPERINTENDENT OF POLICE, NIB CID, DINDIGUL, DINDIGUL DISTRICT.

THE INSPECTOR OF POLICE CHATRAPATTI POLICE STATION, DINDIGUL DISTRICT.

THE OFFICER INCHARGE DISTRICT PRISON, DINDIGUL THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :10/01/2024 PKP/VR/SAR /23.01.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4