Karthick v. The Inspector Of Police

CRL OP(MD). No.14882 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reservd on : 06/09/2022 Delivered on :08/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.14882 of 2022 Karthick ... Petitioner/Accused No.3 Vs.

The State rep.by, The Inspector of Police, NIB CID, Kanniyakumari District.

(In Crime No.4/2022). ... Respondent/Complainant For Petitioner : M/s.Sathish Kumar.K, Advocate.

For Respondent : Mr.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.4/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner / Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 8(c) r/w. Section 20(b)(ii)(B) of NDPS Act, in Crime No. 4 of 2022, seeks anticipatory bail.

2. The allegation against the petitioner is that on 31.03.2022, on secret information, the police party surrounded three perons on suspicion and found A1 and A2 were in illegal possession of 1.200 Kgs of Ganja and on the confession of A1, the petitioner is falsely implicated in the case.A case in Crime No.4 of 2022, was registered against the petitioner.

3. On the side of the petitioner, it is stated that the petitioner is no way connected with the case. The contraband was seized only from A1 and A2 and not from the petitioner. The petitioner has completed I.T.I and he is pursuing higher studies. Only based on the confession of A1, the petitioner was falsely implicated in the case. A1 and A2 were already released on bail and prayed the petitioner to be released on anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14882 of 2022

4. On the side of the prosecution, it is stated that the quantity of the contraband is commercil in nature. The petitioner was obsconding. The petitioner is having one previous case, which is not similar in nature.

5. Considering the nature of the offence and considering the fact that the quantity involved is commercial in nature and considering the antecedents of the petitioner, this Court is not inclined to release the petitioner on bail.

6. Hence, this Petition is dismissed.

sd/- 08/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Inspector of Police, NIB CID, Kanniyakumari District.

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

ORDER

IN CRL OP(MD) No.14882 of 2022 Date :08/09/2022 RK/SVR/SAR-2(15/09/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2