Kaveri Udayar v. The Inspector Of Police
CRL OP(MD). No.22995 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.22995 of 2022 Kaveri Udayar, ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Manur Police Station, Tirunelveli District.
(Crime No.442/2022).
... Respondent/Complainant For Petitioner : M/s. Jegadeesha Pandian.V.M, Advocate. For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Bail in Cr No.442/2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 04.12.2022, for the offences punishable under Sections 294(b), 353, 307 IPC r/w. 8(c), 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Act, 1985 in Crime No.442 of 2022, seeks bail.
2. The case of the prosecution is that on 04.12.2022 the petitioner and other accused were illegally found in possession of 300 grams of banned Tobacco Products. While arresting the accused persons, A1 threatened the defacto complainant by showing the small sword and uttered foul language. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.22995 of 2022 offence, as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 04.12.2022 and hence, prays for bail. 4.The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender and there are 19 previous cases against the petitioner. He further submitted that the investigation of the case is pending and hence, prays to dismiss the petition.
5. Heard both sides and perused the materials on record. Taking into consideration of the facts and circumstances of the case and that the petitioner is a habitual offender and that there are 19 previous cases against the petitioner, this Court is not inclined to bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 23/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE INSPECTOR OF POLICE MANUR POLICE STATION, TIRUNELVELI DISTRICT.
2 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.22995 of 2022 Date :23/12/2022 PKP/VR/SAR-1/03.01.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2