Muthukumar v. The Inspector of Police

CRL OP(MD)No.8917 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.8917 of 2023 Muthukumar ... Petitioner/Accused No.3 Vs The State Rep.by The Inspector of Police, SS Colony Police Station, Madurai City. (Cr.No.329 of 2023) ... Respondent/Complainant

For Petitioner : Mr.M.Karunanithi

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.329 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 10.03.2023 for the offence under section 8(c), 20(b)(ii)

(C)29(1), 25 of NDPS Act 1985 in Crime No.329 of 2023 on the file of the respondent police seeks bail.

2.The case of the prosecution is that on 10.03.2023, at about

08.30 hours, based on the secret information, the police party went CRL OP(MD)No.8917 of 2023 near M.L.M.Sutharsana Apartment, TPM Nagar, Angalaeswari Nagar, Kochadai. On seeing the police party, the accused persons attempted to run away. However, the respondent police nabbed them and on search, it was found that they were in illegal possession of 23 kgs of ganja. Hence the case.

3.Heard both sides and perused the materials available on record including the First Information Report.

4.It is seen that there are totally six accused in this case, in which, the petitioner is arrayed as A3. The petitioner along with other accused were found in possession of 23 kgs of ganja, which is commercial quantity. Hence, the petitioner failed to satisfy the twin conditions as contemplated under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. GNS TO

¶1The Superintendent, Central Prison, Madurai.

2.The Inspector of Police, SS Colony Police Station, Madurai City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.8917 of 2023 Date :16/06/2023 DL/(27.06.2023)/ 2P/ 4C