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Madras High CourtCRL OP(MD)/29/2023dismissed

Rajkumar v. The Inspector Of Police

2023-01-31Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.29 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.29 of 2023 Rajkumar ... Petitioner/Accused No.4 Vs The State Rep.by The Inspector of Police, Keeraithurai Police Station, Madurai City.

(Cr No.413/2021).

... Respondent/Complainant For Petitioner : M/s. Arokiya Selva Ramesh.S, Advocate.

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

PRAYER :- For Bail in Cr No.413/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 27.04.2022 for the offence punishable under Sections 25(1B),20(b)(ii)(C), 25,29(1) and 8(c) of NDPS Act in Crime No.413 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 30kgs of ganja which is a commercial quantity, hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him, hence he seeks bail.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.29 of 2023

4. The learned Additional Public Prosecutor appearing for the respondent would submit that in this case almost all the witnesses have been examined and the Investigation Officer is also examined in chief and the accused has not cross examined the Investigation officer and the case stands posted for questioning under Section 313 of Cr.P.C. He would further submit that if the petitioner is released on bail at this stage there is every possibility of absconding, hence he objected to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also taking note of the fact that the case stands posted to questioning under Section 313 of Cr.P.C, this Court is not inclined to grant bail to the petitioner.

6. Hence, the petition stands dismissed.

sd/- 31/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Inspector of Police, Keeraithurai Police Station, Madurai City.

2. The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.29 of 2023 Date :31/01/2023 RD/SAR-III(03/02/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2