BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.14890 of 2011 SURESH ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE NIBCID, RAMANATHAPURAM DISTRICT. CRIME NO.40/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.T.K.SAMPATH ADVOCATE FOR RESPONDENT : MR.ARUL VADIVEL ALIAS SEKAR SPECIAL PUBLIC PROSECUTOR PETITION FOR BAIL UNDER SEC. 439 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- This petition has been filed by the petitioner, who is the first accused and he was arrested and remanded to judicial custody on 09.06.2011 for the alleged commission of offences under Sections 8(c) r/w 21(b) of NDPS Act of 1985, 3(a), 6(a) of Passport Act, r/w 14 of Foreigners Act, in Crime No.40 of 2011, on the file of respondent police, seeking for bail. 2.Heard, Mr.T.K.Sampath, learned counsel appearing for the petitioner and Mr.Arul Vadivel alias Sekar, learned Special Public Prosecutor for NDPS Act appearing for the respondent. 3.The learned counsel for the petitioner would submit in his argument that the petitioner was charged for the alleged offence under Section 8 (c) r/w 21(b) of NDPS Act of 1985, 3(a), 6(a) of Passport Act, r/w 14 of Foreigners Act. He would further submit in his argument that he was found in possession of 270 grams of heroin and 15 kgs of Kanja. He would further submit that the co-accused have been released on bail by this Court and the children of the petitioner are studying in Madurai Meenakshi Women's College and he is permanently residing in Madurai. 4. He would also submit in his argument that the entire mass cannot be considered for the possession of Commercial quantity. He would rely upon the judgment of the Hon'ble Apex Court reported in 2009(2) Crimes 171 (SC) (U.O.I. v. Bal Mukund & Ors). He would further submit that the petitioner was in incarceration for more than six months and the investigation ought to have been completed and therefore, he may be granted bail. 5. The learned Special Public Prosecutor for NDPS Act cases, appearing for the respondent would submit in his argument that the petitioner is a Sri Lankan and if for any reason, the petitioner is released on bail, he is likely to abscond from the clutches of law under https://hcservices.ecourts.gov.in/hcservices/ the guise of bail. The release of A2 cannot be equated with petitioner since the possession of heroin by him was very lesser and A4 and A5 were not possessing any heroin and further much quantity of contraband was recovered from this petitioner. He would further submit in his argument that the offences committed by the petitioner/first accused is a serious one and therefore, he may not be considered for bail. 6. Considering the submissions made by both sides, this Court could see that the presence of heroin seized from the petitioner is no doubt to be calculated, on the basis of the percentage of heroin present in the mass. The other co-accused A2, A4 and A5 were granted bail, since the alleged offence said to have been committed by the said accused persons are lesser in gravity. As regards the offence said to have been committed by the petitioner it is serious in nature. The petitioner is a SriLankan citizen, merely because he is having residence at Madurai, it cannot be said that he would not abscond from the clutches of law. It has also been submitted that there is a likely-hood of fleeing to SriLankan in the event of the petitioner is released on bail. 7. For the foregoing reasons, I am of the considered view that the petitioner's case is different from other co-accused and it cannot be compared with the circumstances of other co-accused and therefore, the petitioner is not entitled to get bail and hence, this petition is dismissed. sd/- 19/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 2 THE SPECIAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3 THE INSPECTOR OF POLICE, NIBCID, RAMANATHAPURAM DISTRICT. ORDER IN CRL OP(MD) No.14890 of 2011 Date :19/12/2011 2P/4C RPB : 27.12.2011 https://hcservices.ecourts.gov.in/hcservices/