M.Balasubramaniyam v. Iop, Chennai
G.K.ILANTHIRAIYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections in 8(c), 21(b), 22(c), 23(c), 25 of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.256 of 2022, seeks bail.
2. The case of the prosecution is that the petitioner was in illegal possession of 7.60 grams of Methamphetamine (7.60 grams) and 12 Nos. of LSD Stamps (0.21 grams). Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against the petitioner for the reason that the petitioner along with one Shiva Devi became friends and started business. In which, the said Shiva Devi was in due of huge amount to the petitioner. In fact, her husband is working as Sub Inspector of Police in N2 Police
Station, utilizing the said circumstances, the said Shiva Devi refused to settle the amount. Hence, on 11.03.2022, the petitioner had lodged a complaint against Shiva Devi. Only for the said reason, the petitioner was wrongly implicated by the respondent police, as if, the petitioner was in possession of the said contraband, which is merely a commercial quantity. In fact, on 31.03.2022, he was kidnapped by the police personnel in a civil dress and the petitioner was put in illegal detention and thereby false case has been foisted. He further submitted in the same car, one Neelambari, wife of Sivaraman, who is a friend of the petitioner said to have sought employment from the petitioner. Only, thereafter, false case has been foisted, as if the petitioner was in possession of the alleged contraband.
4. Even according to the case of the prosecution, the petitioner and the said Neelambari, who is alleged to be a victim in Crime No.5 of 2022 registered for the offence under Section 376 of IPC, she has not been implicated as an accused since she was also travelling in the car with the petitioner herein. The learned Counsel also produced photographs showing that the petitioner was travelling in the yellow car on 31.03.2022, where he was taken to police custody.
5. The learned Government Advocate (Criminal Side) appearing for the respondent filed a detailed counter and also produced so many photographs which seems that the petitioner is a pimp. The petitioner was with so many ladies and had taken photographs, which shows that all where under intoxication of narcotic substances. The petitioner along with so many women are doing this illegal activities. Further, during the investigation found that that the petitioner had cheated so many ladies under the influence of narcotic substances. That apart, the petitioner was in possession of 7.60 grams of Methamphetamine (7.60 grams) and 12 Nos. of LSD Stamps(0.21 grams), which comes under commercial quantity. He would further submit that this is the second bail petition filed by the petitioner. Earlier petitions filed by the petitioner before this Court in Crl.O.P.No.15735 of 2022 and Crl.O.P.No. 19536 of 2022 were dismissed on 18.07.2022 and 22.08.2022 respectively. Hence, he vehemently opposed to grant bail to the petitioner.
6. Considering the facts and circumstances of the case, the petitioner is an habitual offendor and he is a poison to the entire society and hence custodial interrogation of the petitioner is very much required and also taking note of the fact that this Court had dismissed the earlier bail petitions filed by the petitioner and that there is no change in circumstances. Hence, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. 21.09.2022 vsn
G.K.ILANTHIRAIYAN, J.
vsn 21.09.2022