R.Vasuki v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2020
CORAM
THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.12671 of 2020 R. Vasuki W/o. Radhakrishnan, No.13/25, Sivarajapuram DR Besant Road, Triplicane, Chennai - 600005.
... Petitioner Vs.
State Rep.by its The Inspector of Police, D-5, Marina Police Station, Marina, Chennai.
(Crime No. 627 of 2017)
...Respondent
Prayer:
Criminal Original Petition filed under Section 438 of Cr.P.C.,to enlarge the petitioner on bail in the event of his arrest in Crime No. 627 of 2017 on the file of the Inspector of Police, Gudiyatham Town Police station, Vellore District, pending investigation For Petitioner : Mr.S.Ponnilavan For Respondent : Mr.K.Prabakar, Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(A) NDPS Act 1985 & 353 of I.P.C in crime No.627/2017 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 22.07.2017 at about 12.30.p.m. When the defacto complainant was on the rounds he had seen the petitioner along with 2 other persons selling Ganja pockets, on seeing police they were left the contraband and ran away and they seized 500 grams of Ganja from the place. Hence the complaint.
3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
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4. The learned Additional Public Prosecutor submitted that the petitioner is a habitual offender and her business is selling Ganja. He further submitted that there are five previous cases as against the petitioner, which are of similar in nature. Hence, he vehemently opposed for grant of Anticipatory Bail to the petitioner.
5. Taking into consideration the facts and submissions of the learned Counsel and also the fact that the petitioner is a habitual offender and she has five previous cases of similar nature to her credit, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/08/2020 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 METROPOLITAN MAGISTRATE, NO.II, EGMORE,CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, D-5, MARINA POLICE STATION, MARINA, CHENNAI.
CC to M/S.S.PONNIVALAVAN Advocate on payment of necessary charges CRL OP.12671/2020 Date :20/08/2020 RD 10/09/2020 https://hcservices.ecourts.gov.in/hcservices/