Anandakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Anandakumar ... Petitioner / Accused No.1 Vs The State rep by SHO, The Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Crime No.55/2023.) ... Respondent / Complainant For Petitioner :

M/s.Ramesh.C, Advocate.

For Respondent :

Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.55/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 12.02.2023 for the offences punishable under Sections 8(c)r/w.20(b)(ii)(B) and 22(C) of NDPS Act in Crime No.55 of 2023 on the file of the respondent police, seeks bail. 1/4

2. The case of prosecution is that the petitioner was found in illegal possession of 1.50kgs of ganja and 100 grams of magic mushroom, hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and he is no way connected with the crime and nothing was recovered from him and there is no material on record to connect the petitioner with the crime and that the mandatory conditions under the NDPS act were not complied with by the respondents. The petitioner is in custody from 12.02.2023 and the petitioner has no criminal antecedents and the long incarceration before the trial would cause grave injustice to the petitioner and his family members and that the petitioner is ready to abide by any conditions that shall be imposed by this Court. Hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that petitioner was found in illegal possession of 1.50kgs of ganja and 100 grams of magic mushroom. Further if he is released on bail there is every possibility of absconding and committing offence of similar nature and there is every possibility of him interfering with further investigation. He would further submit that the petitioner was found in possession of 100 grams of magic mushroom and the said quantity involved in the case is commercial quantity which attracts Section 37 of NDPS Act. He would further submit that the petitioner has not satisfied the twin conditions 2/4

under section 37 of the NDPS Act. Hence he strongly opposed to grant bail to the petitioner/accused.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on record.

6. The petitioner is arrayed as A1. The contraband involved in this case 100 grams of magic mushroom which is commercial quantity. Hence the petitioner has to satisfy three conditions under section 37 of NDPS Act: a)opportunity to the Public Prosecutor to oppose the bail b) prima facie satisfaction regarding availability of ground for believing that the accused is not guilty.

c) he is not likely to commit any offence while on bail.

7. This Court cannot at this stage conclude that the accused is not likely to commit any offence while on bail, thereby the condition imposed for grant of bail operates against the petitioner thereby the petition is liable to be dismissed.

8. In the result, the Criminal Original Petition stands dismissed. sd/- 20/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, 3/4

Madurai - 625 023.

AAV To 1.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

2.The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.20332 of 2023 Date :20/11/2023 ED/JGB /SAR- (21/11/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4