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Madras High CourtCRL OP(MD)/12303/2023dismissed

V.Mathan @ Madhankumar v. The Sub Inspector Of Police

2023-07-11Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN V.Mathan @ Madhankumar ... Petitioner / Accused No.1 Vs State rep by The Sub Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

(Crime No.133 of 2023).

... Respondent / Complainant For Petitioner : M/s Iniyavan.M, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.133 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who is arrayed as A1 was arrested and remanded to judicial custody on 16.06.2023 in Crime No.133 of 2023 for the offence under Sections 77 of 1/3

the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 8(c) r/w. 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985, in crime No.133 of 2023, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police sating that her son was found in illegal possession of some Ganja Pockets. During the course of investigation, the involvement of the accused persons came to light and the petitioner was arrested and remanded to judicial custody. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that one previous case is pending against this petitioner. He further submitted that in the similar offence, the petitioner was arrested and thereafter released on bail and after come out bail, the present offence is said to have been committed by the petitioner. He further submitted that the petitioner sold the Ganja packets to the school going children.

5. Considering the gravity of offence committed by the petitioner and the petitioner is the habitual offender, therefore, this Court is not inclined to entertain 2/3

this Criminal Original Petition and the same is dismissed. sd/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Sub Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

2.The Officer Incharge, District Jail, Virudhunagar.

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

ORDER

IN CRL OP(MD) No.12303 of 2023 Date :11/07/2023 ED/DD/SAR- (29/07/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3