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Madras High CourtCRL OP(MD)/19268/2022dismissed

Kalimuthu @ Muthu v. The Inspector Of Police

2022-11-01Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.19268 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19268 of 2022 Kalimuthu @ Muthu ... Petitioner/Accused No.4 Vs The State represented by The Inspector of Police, Pew-Thoothukudi, Thoothukudi District.

(Crime No.761/2022).

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

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.761/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 20(b) (ii)(B)r/w. 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.761 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on receiving secret information, the respondent police conducted inspection on on 21.10.2022 and at that time the petitioner and other accused have found in possession of 4 kgs ganja and Rs.55,000/- cash in their bike and the same was recovered. Hence, the compliant.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19268 of 2022 offence as alleged by the prosecution. He would further submit that based on the confession of co-accused only his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that that A1 to A3 are still in custody. He would further submit that the petitioner herein is the main accused and the investigation of the case is pending and hence, the custodial interrogation of the petitioner is necessary and he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the submission made by the learned Government Advocate (Crl. Side) appearing for the respondent and also considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 01/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Inspector of Police, Pew-Thoothukudi, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.19268 of 2022 Date :01/11/2022 SS/BUC/SAR III/14/11/2022/ 2P 3C https://www.mhc.tn.gov.in/judis 2/2