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Madras High CourtCRL OP/16704/2020dismissed

Santhosh v. State Rep.By

2020-10-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16704 of 2020 Santhosh ... Petitioner Vs.

The State Represented by, The Station House Officer, D' NAGAR Police Station, Pondicherry.

(Crime No.235/2020).

... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police pending investigation of the case in Crime No.235 of 2020 on the file of the respondent police. For Petitioner : Mr.K.C.A.Yuvaraj Ariputhiry For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 20(b)(ii)A, r/w 8(c) of NDPS Act of 1985 and Section 77 of Juvenile Justice (care and Protection of Children) Act 2015 in Crime No.235 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused was found in possession of 120 grams of Ganja. Hence, a case was registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that based on the confession statement of the co-accused the petitioner was involved in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that petitioner along with other accused was found in possession of 120 grams of Ganja. He further submitted that there are one previous case is pending against the petitioner and also submitted that the petitioner is a habitual offender Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the allegations and also the bad antecedent of the petitioner and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/10/2020 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 PUBLIC PROSECUTOR PONDICHERRY 2 STATION HOUSE OFFICER, D NAGAR POLICE STATION, PONDICHERRY.

CC to M/S. K.G.A.YUVARAJ ARIPUTHIRY Advocate on payment of necessary charges CRL OP.16704/2020 Date :28/10/2020 RVR 06/11/2020 https://hcservices.ecourts.gov.in/hcservices/