Madras High CourtCRL OP(MD)/5079/2024dismissed

Rajeshwari v. The Drug Inspector

2024-04-02Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Rajeshwari ... Petitioner/Accused No.2 Vs State Rep. by The Drug Inspector, Karur Police Station, Karur District.

In C.C. 259 of 2023 ... Respondent/Complainant For Petitioner : Mr.A.Joel Paul Antony Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police in connection with the case in C.C.No.259 of 2023 for the offence under Sections 65(3)(1), 1/3

65(4)(3)(1) and 65(2) of Drugs and Cosmetics Act, 1940, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have sold sleeping tablets without any doctor prescription.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submits that the medical shop was sold to another person and at the time of occurrence, the petitioner's son alone was dealing with the affairs of the medical shop.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that trial is pending in C.C.No.259 of 2023 on the file of the learned Judicial Magistrate, Karur and the petitioner has evaded the trial proceedings.

5. Considering the nature of allegations levelled against the petitioner and also considering the fact that the petitioner has evaded the trial proceedings, this Court is not inclined to grant anticipatory bail to the petitioner. 2/3

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 02/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE JUDICIAL MAGISTRATE COURT-I, KARUR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3. THE DRUG INSPECTOR, KARUR POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.5079 of 2024 Date :02/04/2024 RK/VR (05/04/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3