Shanthi v. The Inspector Of Police

in Crl.O.P(MD)No.1973 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.03.2023 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).Nos.1973 and 1943 of 2023

1. Santhi

...Petitioner/Accuse No.2

in Crl.O.P(MD)No.1973 of 2023 2.Pushpam

...Petitioner/Accused No.3

in Crl.O.P(MD)No.1943 of 2023 Vs.

The State through The Inspector of Police, Sellur Police Station, Madurai City.

(Crime No.705 of 2022)

...Respondent/Complainant

For Petitioner : Mr.M.Jagadeesh Pandian, Advocate in Crl.OP(MD)No.1973/2023 : Mr..M. Sivakumar, Advocate in Crl.OP(MD)No.1943/2023 For Respondent in both petitions : Mr.T.Senthil Kumar Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime No.705 of 2022 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioner, who is arrayed as A2 and A3, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29 (1) of Narcotic Drugs & Psychotropic Substances Act, and 328 of IPC, 6 & 24

(1) of COTP Act r/w 77 of JJ Act, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners and other accused person were found in possession of 23.600 kgs of Ganja. Hence, the case has been registered.

https://www.mhc.tn.gov.in/judis 1/2

in Crl.O.P(MD)No.1973 of 2023 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that based on the confession statement of A1, the petitioners have been implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor, on instructions, submitted that the petitioners are arrayed as A2 and A3. The petitioners and other accused person are in possession of 23.600 kgs of Ganja, which is commercial quantity and he strongly opposed to grant anticipatory bail to the petitioners.

5.Considering the above facts and circumstances of the case and considering the fact that the petitioners and other accused persons are in possession of 23.600 kgs of Ganja, which is commercial quantity and bad antecedents of the petitioners, custodial interrogation of the petitioners is very much required in this case, hence this court is not inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the Criminal Original Petitions stand dismissed. sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1 THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI CITY.

2 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, MADURAI.

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

ORDER

IN CRL OP(MD) No.1973 & 1943 of 2023 Date :08/03/2023 VA/CG/SAR-2/(24.03.2023)/2P/4C https://www.mhc.tn.gov.in/judis 2/2