← Library
Madras High CourtCRL OP/21741/2021dismissed

S.Chinnakutty v. State Rep By

2021-11-24Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21741 of 2021 S.CHINNAKUTTY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SATHYAMANGALAM POLICE STATION, ERODE DISTRICT.

(CRIME NO.511/2021) For Petitioner : M/S C.VASUDEVAN Advocate For Respondent : M/S.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest for the alleged offence under Section 328 of IPC and Section 20(b) (ii) (A) of Narcotic Drugs and Psychotropic Substances Act, 1985, on 28.09.2021, in Crime No.511 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent police was on regular checkup, they found that the petitioner was in possession of 2.5 kgs of ganja. Hence the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner is having illegal possession of 2.5 Kgs of Ganja (Narcotic drugs). He further submits that there is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also the fact that there is a commercial quantity and considering the gravity of offence, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 24/11/2021 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 INSPECTOR OF POLICE, SATHYAMANGALAM POLICE STATION, ERODE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S C.VASUDEVAN Advocate on payment of necessary charges SR.NO.13459 CRL OP.21741/2021 Date :24/11/2021 TA-01/12/2021 https://hcservices.ecourts.gov.in/hcservices/