Mammudhu @ Muhamed Maideen v. The Inspector Of Police

CRL OP(MD). No.17178 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17178 of 2022 Mammudhu @ Muhamed Maideen ... Petitioner/Accused No.2 Vs The State represented by The Inspector of Police, NIB-CID, Thoothukudi District.

Crime No.14 of 2022.

... Respondent/Complainant For Petitioner : M/s.Ramasamy S, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(C), 29(1) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.14 of 2022, 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 joint possession of 437 kgs of Ganja illegally. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that based on the confession statement of the co-accused, the petitioner has been implicated in this case as an accused and there is no materials available with the respondent police against the petitioner to connect with the crime. He would further submit that https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17178 of 2022 the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of anticipatory bail to the petitioner stating that the petitioner and other accused were found in possession of 437 kgs of Ganja, which comes under the commercial quantity. He would further submit that the investigation in this case is not yet completed and the custodial interrogation of the petitioner is very much necessary.

5.Considering the facts and circumstances of the case and also considering the facts that the quantity of Ganja involved in this case, is commercial quantity and the investigation is still pending, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 10/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE NB-CID, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17178 of 2022 Date :10/11/2022 SS/VR/SAR III/21.11.2022/ 2P/ 3C https://www.mhc.tn.gov.in/judis 2/2