S.Kathuri v. The Inspector Of Police

CRL OP(MD). No.17941 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.17941 of 2022 S.Kathuri ... Petitioner/Accused No.5 Vs The State rep.by, The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.601/2022).. ... Respondent/Complainant For Petitioner : M/s.Ambedkumar S, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.601/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A5, who was arrested and remanded to judicial custody on 03.09.2022 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(c, 25 and 29(1) of NDPS Act, 1985, in crime No.601 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioners and other accused were found in illegal possession of 23 kgs of Ganja. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocents and she has not committed any offence as alleged by the prosecution. He would further submit that no recovery was made from this petitioner and no previous case is pending against the petitioner. Hence, he prays for grant of bail to the petitioner.

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CRL OP(MD). No.17941 of 2022 4.The learned Additional Public Prosecutor would submit that there are 5 accused in this case and the petitioner was arrayed as A5. He would further submit that the quantity of Ganja involved in this case is commercial quantity. Ganja was seized along with vehicles and a sum of Rs.67,000/-. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the quantity of Ganja involved in this case is a commercial quantity, this Court is not inclined to grant bail to the petitioner at this point of time. 6.Accordingly, 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.

DSS 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 SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, TRICHY.

2.THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.17941 of 2022 Date :10/11/2022 RK/BUC/SAR-3 (16/11/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2