Madras High CourtCRL OP(MD)/237/2022dismissed

Radhi v. The Inspector Of Police

2022-01-07Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.237 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.237 of 2022 Radhi ... Petitioner/Accused No.1 Vs The state represented by The Inspector of Police, Allinagaram Police Station, Theni District.

Cr.No.652/2021. ... Respondent/Complainant For Petitioner : Mr.S.Balaji, Advocate.

For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.652 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.652 of 2021, seeks anticipatory bail.

2.The case against the petitioner and another persons is that they were found in possession of Ganja, without any valid permission. Hence, a case in Crime No.652 of 2021 was registered against the petitioner and another person. The petitioner filed this petition for anticipatory bail.

3.On the side of the petitioner, it is stated that the contraband was seized only from the second accused and not from this petitioner. The case is registered only for statistical purpose. The mother of the petitioner was arrested and seizure was made only from the second accused. Hence, prays to release her on anticipatory bail.

4.On the side of the respondent, it is stated that there are totally two accused involved in the occurrence. This petitioner/A1 is the daughter of the second accused. The second accused is having https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.237 of 2022 three previous cases. 1.200kilo grams of ganja was recovered from the second accused. This petitioner/A1 escaped from the spot, on seeing the police. This petitioner is the prime accused and prays to dismiss the petition.

5.Considering the serious nature of offence and considering that quantity involved in this case, is commercial, in nature this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 07/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION, THENI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.237 of 2022 Date :07/01/2022 SS/JC/SAR-II/12.01.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2