Madras High CourtCRL OP/23442/2021dismissed

Santhosh Kumar v. Inspector Of Police

2021-12-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Tenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.23442 of 2021 SANTHOSH KUMAR [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] MECHERI POLICE STATION, SALEM DISTRICT.

(CR.NO.561 OF 2021) For Petitioner : M/S. C.GANESH PANDIAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.561 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner is found in possession of ganja. The respondent police seized 6.500 kg ganja found in passion of the accused. The defacto complainant had made vague allegations in the FIR and the respondent is nothing to do with the said incident. The police are harassing the petitioner by threatening that he will be put behind the bars for no reason. Hence this case.

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. Hence, he prays for grant of bail.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner found in possession of 6.5 kgs of ganja, 1 previous case pending against the petitioner and the charge sheet filed but not taken on file. Hence, he vehemently opposed to grant bail to the petitioner.

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5. Considering the allegations and the nature of the offences involved in this matter, 1 previous case pending against this petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/12/2021 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 MECHERI POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

CC to M/S. C.GANESH PANDIAN Advocate on payment of necessary charges CRL OP.23442/2021 Date :10/12/2021 CSK 21/12/2021 https://hcservices.ecourts.gov.in/hcservices/