Nanthakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Nanthakumar ... Petitioner / Accused No.2 Vs The Inspector of Police, Usilampatti Town Police Station, Madurai District.

(In Crime No.382/2022.) ... Respondent / Complainant For Petitioner :

Mr.M.Subash Babu, Senior Counsel for M/s.Sathish Kumar.K, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.438 of Cr.P.C PRAYER :- For Bail in Crime No.382/2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/accused, who arrayed as accused was arrested and remanded to judicial custody on 22.09.2022 for the offences punishable under Sections 8(c) r/w. 1/3

20(b)(ii)(C)of NDPS Act in Crime No. 382 of 2022, on the file of the respondent police seeks bail.

2. The case of the prosecution is that based on the secret information received, the respondent police conducted inspection on 22.09.2022 and at that time, the petitioner herein and other accused have illegally found in possession of 22 kgs ganja. Hence, the case.

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 names has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 22.09.2022 and seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that it is a 5th anticipatory bail petition and the earlier petitions filed by the petitioner was dismissed by this Court on various dates and the contraband recovered from the petitioner is commercial quantity and hence, he strongly opposed to grant bail to the petitioner.

5. Considering the serious nature of allegations made against the petitioner and also considering the fact that the contraband recovered is commercial quantity and that there is no change of circumstances after dismissal of the earlier 2/3

petitions, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal Original Petition is dismissed. sd/- 22/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

2.The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.18409 of 2023 Date :22/11/2023 ED/SKN /SAR- (08/12/2023) 3P / 4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3