Eraivan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Eraivan, ... Petitioner/Sole Accused

Vs State Rep.by The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District. (Crime No.202/2023). ... Respondent/Complainant For Petitioner : M/s.Indrachithu T, Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.202/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused who was arrested and remanded to judicial custody on 18.08.2023 for the offences punishable under Sections 8(c) r/w.20(b)(ii)(A) of NDPS Act and Section 77 of Juvenile and Justice (Care and Protection of Children) Act, 2015 in Crime No.202 of 2023 on the file of the respondent Police, seek bail.

¶2The case of the prosecution is that the petitioner was found in possession of 4 packet of ganga each containing 100g of ganga, hence the case came to be registered.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in judicial custody from 18.08.2023,hence he may be granted bail.

¶4The learned Additional Public Prosecutor would submit that the petitioner was found in illegal possession of 4 packet of ganga each containing 100g of ganja and the investigation is at the preliminary stage,hence he objected to grant bail to the petitioner.

¶5Taking into consideration the rival submission made on either side and also taking into consideration the gravity of offence and also considering the fact that the investigation is in preliminary stage and all other aspects, this Court is not inclined to grant bail to the petitioner.

¶6Hence the petition stands dismissed. sd/- 01/09/2023 / TRUE COPY / /092023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO THE OFFICER INCHARGE SUB JAIL, SRIVILLIPUTHUR. THE INSPECTOR OF POLICE DHALAVAIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.15947 of 2023 Date :01/09/2023 PKP/VRS/SAR- /07.09.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023