BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14766 of 2011 MURUGESAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT IN CR.NO. 326 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.DEENADHAYALAN Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl.Public Prosecutor(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner was arrested on 15.10.2011 for the alleged offence punishable under Section 8(c) r/w 20(b) (ii) (B) of NDPS Act, 1985, in Crime No.326 of 2011, on the file of the respondent police and hence, seeks bail. 2. Heard Mr.S.Deenadhayalan, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor, appearing for the State and also perused the materials available on record. 3. The learned counsel for the petitioner would submit in his argument that the petitioner is the single accused and he has been arrested on 15.10.2011 for the alleged offence under Section 8(c) r/w 20(b) (ii) (B) of NDPS Act on the allegation that he was found in possession of having 10 kgs of ganja. It is further submitted that the contraband is within the limit of less than commercial quantity and the petitioner has not been convicted in any previous case. He would also submit that he is also having permanent residence and therefore he would request for the grant of bail. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner is the single accused and he has been arrested on 15.10.2011 on the allegation that he was found in possession of having 10 kgs of ganja. He would further submit in his argument that the petitioner was involved in two previous case and therefore, the bail plea of the petitioner could not be considered. 5. Considering the submissions made on either side, this Court could see that the petitioner has got two previous cases and the https://hcservices.ecourts.gov.in/hcservices/ investigation is still pending in this case and therefore, this Court is not inclined to grant bail to the petitioner. 6. Therefore, the Petition seeking bail stands dismissed. Sd/- 21/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DIST 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY ssk/24.11.2011 /4c -2p/- ORDER IN CRL OP(MD) No.14766 of 2011 Date :21/11/2011 https://hcservices.ecourts.gov.in/hcservices/