M.Prakash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12935 of 2022 IN C.C.NO.11/2022 (On the file of the Hon'ble 2nd Additional Special Court for EC & NDPS Cases at Chennai) M.PRAKASH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, F-5 CHOOLAIMEDU SULUR POLICE STATION, CHENNAI.

(CRIME NO.628/2021) For Petitioner : M/S B.THIRUMALAI Advocate For Respondent : MR.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) r/w 20(b) (ii) (B) of Narcotic Drugs & Psychotropic Substances Act,1985 in Crime No. 628 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was in illegal possession of 12 Kgs of Ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he is ready and willing to abide by any stringent conditions that may be imposed on him.

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1.The learned Additional Public Prosecutor would submit that the petitioner is arrayed as A3. A2 is wife of A3. Based on the confession statement of A2, the respondent police have started to search and they found that the petitioner/A3 is having illegal possession of 12 Kgs of Ganja and the same was recovered from A2 and A3. He further submitted that A1 was already arrested and remanded to judicial custody. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of offence committed by the petitioner, the custodial interrogation of the petitioner is very much required in this case and therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 09/06/2022 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 II ADDITIONAL SPECIAL COURT FOR EC & NDPS CASES AT CHENNAI.

2 THE INSPECTOR OF POLICE, F-5 CHOOLAIMEDU SULUR POLICE STATION, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S B.THIRUMALAI Advocate on payment of necessary charges CRL OP.12935/2022 Date :09/06/2022 CSK 16/06/2022 https://hcservices.ecourts.gov.in/hcservices/