Raja v. The Sub Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Raja ... Petitioner/Accused No.4

Vs The State rep.by, The Sub Inspector of Police, Keerathurai Police Station, Madurai, Crime No.374/2023. ... Respondent/Complainant For Petitioner : M/s.S.M.A.Jinnah,

Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.374/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/sole accused who was arrested and remanded to judicial custody on 10.05.2023 for the offences punishable under Sections 8(c),20(b)(ii)(C),25,29(1) of NDPS Act in Crime No.374 of 2023 on the file of the respondent Police, seek bail.

¶2The case of the prosecution is that on 09.05.2023 at about 07.15 hrs based on the secret information the respondent conducted vehicle check up near Hanna Joseph Hospital at Madurai – Thoothukudi ring road whileso they saw the co-accused Rajkumar coming in a vehicle bearing Reg.No.TN 85 E 8763 the respondent stopped the vehicle and enquired the driver, whileso they found the co-accused Rajkumar in possession of 40 kgs of ganga. The petitioner along with other accused were found in total possession of 2050 kgs of ganga, hence the case came to be registered.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in judicial custody from 10.05..2023,hence he may be granted bail.

¶4The learned Additional Public Prosecutor would submit that 09.05.2023 at about 07.15 hrs based on the secret information the respondent conducted vehicle check up near Hanna Joseph Hospital at Madurai – Thoothukudi ring road whileso they saw the co-accused Rajkumar coming in a vehicle bearing Reg.No.TN 85 E 8763 the respondent stopped the vehicle and enquired the driver, whileso they found the co-accused Rajkumar in possession of 40 kgs of ganga. The petitioner along with other accused were found in total possession of 2050 kgs of ganga and the investigation is at the preliminary stage,hence he objected to grant bail to the petitioner.

¶5Taking into consideration the rival submission made on either side and also taking into consideration the gravity of offence and also considering the fact that the investigation is in preliminary stage and all other aspects, this Court is not inclined to grant bail to the petitioner.

¶6Hence the petition stands dismissed.

sd/-

01/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. AAV TO

1.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

¶2THE SUB INSPECTOR OF POLICE, KEERATHURAI POLICE STATION, MADURAI,

¶3THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.15807 of 2023 Date :01/09/2023 SSA/JGB (07/09/2023) 4P /4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023