S.Nagalakshmi v. The Inspector Of Police

CRL OP(MD). No.4982 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.4982 of 2023 S.Nagalakshmi ... Petitioner / Accused No.9 Vs State represented by The Inspector of Police, Town West P.S, Dindigul District.

Crime No.568/2022.

... Respondent / Complainant For Petitioner : M/s.Manimaran Na, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.568/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A9, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act, in Crime No.568 of 2022 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 illegal possession of 37kgs of Ganja. Hence, the case.

3.Heard. Perused the materials available on record including the First Information Report.

4.It is seen that there are nine accused involved in this case. The petitioner is arrayed as 9th accused and she is none other than the wife of the second accused. All the accused persons were jointly and consciously in possession of 37kgs of Ganja. On the confession of A2, the petitioner along with A7 and A8 were in possession of https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.4982 of 2023 16kgs of Ganja. All are same family members and they indulged in the business of Ganja. Therefore, it is a commercial quantity and the petitioner also failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner.

5.However, the learned counsel for the petitioner submitted that the petitioner is suffering from HIV and he has also produced the medical records.

6.In view of the above, this petition is dismissed. If at all, the petitioner is suffered from HIV, the concerned jail authorities are directed to give proper treatment to the petitioner. sd/- 16/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Inspector of Police, Town West Police Station, Dindigul District.

2.The Superintendent, Central Prison for Women, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.4982 of 2023 Date :16/03/2023 ED/CG/SAR- 1(28/03/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2