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Madras High CourtCRL OP(MD)/4383/2023dismissed

M. Tamilarasan v. The Inspector Of Police

2023-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD).No.4383 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.03.2023 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.4383 of 2023 M.Tamilarasan

...Petitioner / Rank Not Known

Vs.

The State Rep.by The Inspector of Police, Soorankudi Police Station, Thoothukudi District.

(In Cr.No.142 of 2022)

...Respondent / Complainant

For Petitioner : Mr.M.Abdul Rab Azad Advocate.

For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.142 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is the Accused, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 8(c)20(b)(ii)(c), 29(1), 25 of Narcotic Drugs & Psychotropic Substances Act, 1985, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused were found in possession of 540 kg of Ganja. Hence, the case has been registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that based on the confession statement of co-accused, the petitioner has been implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

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

CRL OP(MD).No.4383 of 2023 4.The learned Additional Public Prosecutor, on instructions, submitted that the petitioner and other accused persons are in possession of 540 kg of Ganja, which is commercial quantity and he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the above facts and circumstances of the case and considering the fact that the petitioner and other accused persons are in possession of 540 kg of Ganja, which is commercial quantity and bad antecedents of the petitioner, custodial interrogation of the petitioner is very much required in this case, hence this court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the Criminal Original Petition stands dismissed. sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE SOORANKUDI POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4383 of 2023 Date :07/03/2023 vsd MK/CG/SAR III/24.03.2023 2P 3C https://www.mhc.tn.gov.in/judis 2/2