S.Jayanthi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.18351 of 2020 S.Jayanthi ... Petitioner Vs.

The State Represented by, The Inspector of Police, T-11, Thiruninravur Police Station, Chennai - 602 024.

(Cr.No.682 of 2020)

...Respondent

Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of her arrest in Connection with the Crime No.682 of 2020 pending on the file of the respondent police.

For Petitioner : M/s.B.Gandhi For Respondent : Mr.M.Mohamed Riyaz, 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)(B) of NDPS Act, 1985 in Crime No.682 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that on 05.10.2020 at about 10.00 a.m., while the respondent police was on patrol duty, A1 was illegally found in possession of 1 Kgs of ganja. On instructions, he had purchased the Ganja along with the petitioner. Further, on his confession, 15 Kgs of Ganja has been recovered from the petitioner. 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 based on the confession of arrested accused. Hence, he prays for grant of Anticipatory Bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused was illegally found in possession of 15 Kgs of Ganja. He would further submit that A1 was arrested and the petitioner has absconded. Hence, he opposed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration of the facts and circumstances of the case and also the fact that 15 Kgs of Ganja has been recovered from the petitioner, this Court is not inclined to grant Anticipatory Bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/11/2020 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 JUDICIAL MAGISTRATE, NO.II, TIRUVALLUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, T-11 THIRUNINRAUR POLICE STATION, CHENNAI-602024.

CC to M/S.B.GANDHI Advocate on payment of necessary charges CRL OP.18351/2020 Date :20/11/2020 RVR 11/12/2020 https://hcservices.ecourts.gov.in/hcservices/