Madras High CourtCRL OP(MD)/13116/2022dismissed

Kantha Ruban v. The Inspector Of Police

2022-09-19Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.13116 of 2022 Kantha Ruban ... Petitioners/Accused No.3 Vs State rep.by The Inspector of Police, NIBCID Police, Nagapattinam.

(Crime No.10 of 2022).

... Respondent/Complainant For Petitioner : M/s.Joseph Jerry A, Advocate. For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.10 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to Judicial Custody on 08.04.2022 for the offences punishable under sections 8 (c) r/w. 20(b)(ii)(c) and 29(1), 25 of NDPS Act, 1985 in Crime No. 10 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, when the defacto complainant was in routine check up, the petitioner and other accused said to have found in possession of 260 Kgms of Ganja. Hence, the complaint.

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

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 08.04.2022 and seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent, police would submit that the petitioner found in possession of 260 kgs of ganja, which is a commercial quantity and the same has been recovered.

5. Considering the facts and circumstance of the case and also considering the fact that the contraband recovered is commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 19/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE INSPECTOR OF POLICE, NIBCID POLICE, NAGAPATTINAM.

2. THE OFFICER INCHARGE, DISTRICT JAIL, NAGAPATTINAM.

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

ORDER

IN CRL OP(MD) No.13116 of 2022 Date :19/09/2022 https://www.mhc.tn.gov.in/judis SP/GB/SAR II/28/09/2022/2P/4C