T.Kodishwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI T.KODISHWARAN ... Petitioner / Accused No.2 Vs THE INSPECTOR OF POLICE PEW POLICE STATION, NAGAPATTINAM DISTRICT.

(CRIME NO.226 OF 2023.) ... Respondent / Complainant For Petitioner :

M/s.P.Vimala, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER :

FOR BAIL IN CRIME NO.226 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 13.05.2023 for the offences punishable under Section 8(c) r/w. Sections 20(b)(ii)(c) 1/3

of NDPS Act, 1985, in Crime No.226 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 13.05.2023, on receipt of secret information, the respondent Police conducted a raid and he identified a car bearing Registration No.TN 666 W 5648 with 25 kgs of Ganja and the same was seized. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offences as alleged by the prosecution. Further, there is no recovery from the petitioner. Hence, he prays to grant bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that though no previous case is pending against the petitioner, the contraband seized from the car is a commercial quantity and the investigation is pending. Hence, he opposed to grant bail to the petitioner. 5.Heard. Perused the materials available on record including the First Information Report.

6. Considering the facts and circumstances of the case and also considering the fact that ganja seized by the respondent Police is the commercial quantity, this Court is not inclined to grant bail to the petitioner. 2/3

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Inspector of Police, PEW Police Station, Nagapattinam District.

2.The Superintendent, Central Prison, Trichy.

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

ORDER

IN Date :05/01/2024 ED/ JGB /SAR- (24/01/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3