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Madras High CourtCRL OP(MD)/14768/2022dismissed

Rahul v. The Inspector Of Police

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

CRL OP(MD).No.14768 of 2022 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.14768 of 2022 Rahul

...Petitioner/Accused No.1

Vs.

The State represented by The Inspector of Police, Keelaiyur Police Station, Nagapattinam District.

(Crime No.454 of 2021)

...Respondent/Complainant

For Petitioner : Mr.S.M.A.Jinnah 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.454 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29 (1) 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 125.600 kgs of Ganja. Hence, the case has been registered.

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

CRL OP(MD).No.14768 of 2022 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 cp-accused, the petitioner has been implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor, on instructions, submitted that this petitioner is arrayed as A1. This petitioner and other accused persons are in possession of 125.600 kgs 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 125.600 kgs 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.

6.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.

vsd TO 1.The Inspector of Police, Keelaiyur Police Station, Nagapattinam District.

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

+1 CC to M/s.S.M.A.JINNAH, Advocate(SR-3652[I] dated 08/03/2023)

ORDER

IN CRL OP(MD).No.14768 of 2022 07.03.2023 SI/CG/SAR-4/(24.03.2023) 2P/ 4C https://www.mhc.tn.gov.in/judis 2/2