Madras High CourtCRL OP(MD)/16037/2022dismissed

Karthik v. The Inspector Of Police

2022-09-16Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.16037 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 06/09/2022 Delivered on : 16/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16037 of 2022 Karthik ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, Asaripallam Police Station, Kanniyakumari District.

Crime No.98 of 2022 ... Respondent/Complainant For Petitioner : M/s.CENIL.G., 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. 98 of 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 Sections 8(c), 20(b)(ii)(A) and 25 of NDPS Act and Section 77 of the Juvenil Justice (Care and Protection of Children) Act, in Crime No. 98 of 2022, seeks anticipatory bail.

2. The allegation against the petitioner is that A1 purchased Ganja from the petitioner for sale. A case in Crime No.98 of 2022, was registered against the petitioner.

3. On the side of the petitioner, it is stated that the petitioner was falsely implicated in the F.I.R. A1 was not even known to the petitioner. The lorry belonged to the father of the petitioner, was stolen and a criminal complaint was registered in the police station, Keeping this vengeance in mind, A1 has given the name of the petitioner and prayed the petitioner to be released on anticipatory bail.

4. On the side of the prosecution, it is stated that the petitioner is the second accused. A1 purchased Ganja from the petitioner. A1 was arrested and he is still in custody. A1 was https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16037 of 2022 arrested on 27.08.2022, with 700 Gms of Ganja. The petitioner has no previous case and prayed the petition to be dismissed.

5. Considering the fact that co-accused is still in custody and considering the grave nature of the offence, this Court is not inclined to released the petitioner on bail.

6. Hence, this Petition is dismissed.

sd/- 16/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, KANNIYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16037 of 2022 Date :16/09/2022 LS SA/SVR/SAR.2/20.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2