Madras High CourtCRL OP(MD)/18294/2022dismissed

Radha v. The Inspector Of Police

2022-11-04Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18294 of 2022 Radha ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Checkanurani Police Station, Madurai District..

(in Crime No.208/2022) ... Respondent/Complainant For Petitioner : M/s.Sathish Kumar K, Advocate. For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.438 of Cr.P.C PRAYER :- For Bail in Crime No.208/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to Judicial Custody on 10.06.2022 for the offences punishable under section 8(c) and 20(b)(ii)(c) of NDPS Act, 1985 in Crime No. 208 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, on receiving a secret information, the respondent police conducted raid and at that time, the petitioner herein is found in possession of 10 kgs Ganja and the same has been recovered. Hence, the complaint. https://www.mhc.tn.gov.in/judis

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence

as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 10.06.2022 and seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent, police would submit that totally 22 kgs of Kanja involved in this case and the contraband seized is commercial quantity. He would further submit that the investigation of the case has been completed and the charge sheet is yet to be taken on file. He further contended that since the contraband is commercial quantity, he prays for dismissal of this petition.

5. Considering the facts and circumstances of the case and also considering the fact that the contraband recovered is commercial quantity, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 04/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE INSPECTOR OF POLICE, CHECKANURANI POLICE STATION, MADURAI DISTRICT.

2. THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, MADURAI.

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

ORDER

IN CRL OP(MD) No.18294 of 2022 Date :04/11/2022 https://www.mhc.tn.gov.in/judis SP/BUC/SAR I/18/11/2022/2P/4C