Madras High CourtCRL OP(MD)/23513/2023dismissed

Ramakrishnan v. The Inspector Of Police

2024-01-04Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI RAMAKRISHNAN ... PETITIONER/ACCUSED 6 Vs THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI DISTRICT.

(CRIME NO.329 OF 2023) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.S.SUKUMAR Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO.329 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner / Accused No.6, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(C), 20(B)(ii)(c), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime 1/3

No.329 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that based on the secret information, the respondent Police intercepted the vehicle and seized 23 Kgs of Ganja from Accused. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit that the petitioner is ready to abide by any conditions imposed by this Court. Hence, he prays for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that totally 23 kgs of Ganja was recovered from the accused. He would further submit that the investigation is completed and charge sheet has also been filed before the concerned Court. He would further submit that the Ganja which was recovered from the petitioner is a commercial quantity. Hence, he prays for dismissal of this petition.

5. Considering the facts and circumstances of the case and also considering the fact that the contraband which was recovered from the petitioner is a commercial quantity and also considering the fact that the petitioner is not satisfied the twin conditions as required under Section 37 of the NDPS Act, 1985 and also considering the fact that already the charge sheet has been filed before the concerned 2/3

Court, this Court is not inclined to grant anticipatory bail to the petitioner

6. Accordingly, the Criminal Original Petition stands dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

sd/- 04/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN Date :04/01/2024 SA/DD/SAR. /12.01.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3