Prakash @ Papa Prakash v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12311 of 2022 PRAKASH @ PAPA PRAKASH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, K-2 KASIMEDU POLICE STATION, CHENNAI.

CRIME NO.65 OF 2022.

For Petitioner : M/S.R.SARITHA Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20 (b)(ii) B of NDPS Act in Crime No.65 of 2022, seeks anticipatory bail.

2. Totally there are two accused and the petitioner is arrayed as A2. The case of the prosecution is that on 27.03.2022, the police personnel have conducted a raid and found that the petitioner and other accused were found in possession of 1.200 Kilo grams of Ganja for sale. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he had not committed any offence as alleged by the prosecution and only on confession of co-accused, the petitioner has been implicated as an accused. Therefore, he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that A1 was found in possession and selling of 1.200K.gms of Ganja and he was arrested. He further submitted that two previous cases are pending against the petitioner, which are similar in nature and hence, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the heinous offence committed by the petitioner and also considering the bad antecedents of the petitioner, custodial interrogation of the petitioner is required in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/05/2022 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 INSPECTOR OF POLICE, K-2 KASIMEDU POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SARITHA Advocate on payment of necessary charges CRL OP.12311/2022 Date :19/05/2022 RW-26/05/2022 https://hcservices.ecourts.gov.in/hcservices/