Madras High CourtCRL OP/10766/2022dismissed

A.Balaji v. Inspector Of Police

2022-05-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.10766 of 2022 A.BALAJI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] VETTAVALAM POLICE STATION, TIRUVANNAMALAL (CRIME NO.76/2022) For Petitioner : M/S P.JAYACHANDRAN Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the sole accused. The petitioner was arrested and remanded to judicial custody on 21.03.2022 and a case was registered in Crime No.76 of 2022 for the offences punishable under section 4(1)(a), r/w section 4(1-A)(ii) of TNP Act and section 8(c), 20(b)(ii)(A) of NDPS Act, 1985.

2. The case of the prosecution is that the respondent police who is the defacto complainant on inspection found the petitioner with illegal possession of 10 Litres of Alcohol and 100 grams of Ganja and subsequently arrested him and remanded to judicial custody and hence, the complaint.

3. Learned counsel for the petitioner would submit that the petitioner is an innocent and the case has been falsely foisted against him and he has been in the judicial custody since 21.03.2022. Hence, he prayed for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Learned Additional Public Prosecutor appearing for the respondent would submit that at the time of arresting the petitioner, he was found in illegal possession of 10 Litres of Alcohol and 100 grams of Ganja and the investigation is in the preliminary stage and hence, prayed for dismissal of this petition.

5. Heard the learned counsel and perused the material.

6. Admittedly, at the time of arrest, the petitioner was in illegal possession of 10 Litres of Alcohol and 100 grams of Ganja without any licence or permission from the competent authority and the alleged contraband was recovered by the respondent police. The investigation is at preliminary stage and in order to find out the source from where the petitioner had got the said contraband, this Court is not inclined to grant bail to the petitioner as there is a possibility of abscondance, tampering the witnesses and hampering the investigation, if he is enlarged on bail.

7. In view of the above, this Criminal Original Petition is dismissed.

-sd/- 05/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE OFFICER INCHARGE, SUB JAIL, POLUR.

2 THE INSPECTOR OF POLICE VETTAVALAM POLICE STATION, TIRUVANNAMALAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.10766/2022 Date :05/05/2022 RW 13/05/2022 https://hcservices.ecourts.gov.in/hcservices/