Premkumar v. State Rep By
Crl.O.P.No.18033 of 2022 G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 20(b)(ii)(A) r/w Section 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 77 of the Juvenile Justice Act, in Crime No.79 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that on 21.08.2021, based on the secret information, the respondent went to the place of occurrence and arrested A1 to A3 along with 300 grams of ganja. On enquiry, it came to know that the petitioner is the main person in the crime. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. He would further submit that on the confession statement given by the co-accused, the petitioner has been falsely implicated in this case. Hence he prays to grant anticipatory bail to the petitioner.
4. The learned Public Prosecutor (Pondy) submits that the petitioner and others involved in the illegal traffic of ganja and the petitioner only gave the contraband to the other accused. He further submitted that the investigation is not yet completed and if the petitioner is granted anticipatory bail, there is a possibility that he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. There are totally four accused in which the petitioner is arrayed as A4. Even according to the case of the prosecution, A1 to A3 were in possession of 300 grams of Ganja and on their confession statement, the petitioner has been implicated in this case. Taking into consideration the nature allegations and also the fact that the case is in the initial stage of the investigation 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. 03.08.2022 rts
G.K.ILANTHIRAIYAN, J.
rts Crl.O.P.No.18033 of 2022 03.08.2022