Boopathi 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.13317 of 2022 BOOPATHI PRABAHARAN @ PRABA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLLICE, ERODE SOUTH POLICE STATION, ERODE DISTRICT (CRIME NO.159/2021) For Petitioner : M/S.T.DIVYA 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) r/w 20(b) (ii) (B) and 29(1) of Narcotic Drugs & Psychotropic Substances Act,1985 in Crime No. 159 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police were in local patrol, the A8 to A11 in two bikes were suspected and during enquiry Cocaine (Ganja) was seized in the petrol tank of the two bikes. 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. He further submitted that A7 and A8 were already granted anticipatory bail. Hence, he prays anticipatory bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that there are totally twelve accused involved in this case. Further he would submit that the petitioner along with others were having illegal possession of 1 1⁄2 Kg Ganja. He would also submit that there are twenty two previous cases pending against the petitioners. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of offence committed by the petitioner, and taking note of the fact that the petitioner is having twenty two previous cases, 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 INSPECTOR OF POLLICE, ERODE SOUTH POLICE STATION, ERODE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.T.DIVYA Advocate on payment of necessary charges CRL OP.13317/2022 Date :09/06/2022 RW-17/06/2022 https://hcservices.ecourts.gov.in/hcservices/