Antony Raj v. The Inspector Of Police

CRL OP(MD). No.18181 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18181 of 2022 1.Antony Raj

2. Christopher ... Petitioners/Accused Nos.6 &8 Vs The State Rep.by The Inspector of Police, Jetty Police Station, Ramanathapuram District.

Crime No.103 of 2022 ... Respondent/Complainant For Petitioners : M/s.Sekar 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. 103 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A6 & A8, who were arrested and remanded to judicial custody on 23.07.2022 for the offence under Sections 8(C) r/w 20(b)(ii)(B), 25, 23(C), 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.103 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 possession of 25 kgs of Ganja illegally. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that based on the confession statement of the co-accused, the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18181 of 2022 petitioners have been implicated in this case and there is no material to show that the petitioners involved in the occurrence as alleged by the prosecution. He would further submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Further, the petitioners are in judicial custody from 23.07.2022. Hence, he prays for bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail to the petitioner stating that the petitioners and other accused were found in possession of 25 kgs of Ganja, which comes under the commercial quantity. He would further submit that the investigation in this case is still pending.

5.Considering the nature and gravity of the offence 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 petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 11/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cp TO 1.The Inspector of Police, Jetty Police Station, Ramanathapuram District.

2. The Officer In-Charge, District Prison, Pudukkottai.

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

ORDER

IN CRL OP(MD) No.18181 of 2022 Date :11/11/2022 RD/VR/SAR- (24/11/2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2