G.PRABHAKARAN Vs. STATE

JUDGEMENT

(1.) The petitioner/A4, who was arrested and remanded to judicial custody on 10/4/2022 for the offences punishable under Ss. 8(c), 22(c) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in crime No.344 of 2022 on the file of the respondent police, seeks bail.

(2.) The present case has been registered by the Respondent against the petitioner herein along with 5 others on the basis of info said to be the confident information received from the informant of the Respondent and suo motto complaint.

(3.) The learned counsel appearing for the petitioner submitted that there are totally six accused in this case, in which the petitioner is arrayed as A4. There was a quarrel between the petitioner and his wife with regard to their family, in which, his wife called 100 at around 12.00 noon on 9/4/2022. At that juncture, at about 3.30 p.m., the Police personnels came to the petitioner's house and found that petitioner's wife only called the Police. However, the dispute between the petitioner and his wife was solved and as such, sought for apology by the Police personnel. Even then, the respondent Police have taken the petitioner to the Police station, for the purpose that he has to give an undertaking letter that hereafter he will not indulge in any illegal activities as against his wife. However, the petitioner's wife also followed along with the petitioner to the police station. Thereafter, the respondent police foisted a false case against the petitioner along with other accused, where the petitioner is no way connected with the accused and has no previous antecedents. He also pointed out that on 10/4/2022, other accused persons along with two others were arrested and remanded to judicial custody in Crime No.343 of 2022 for the offences under Sec. 41(2) of Cr.P.C. One Mr.Chandran, Head Constable arrested them and remanded to judicial custody. On the very same day, at about 12.30 hrs, very same Police and others, arrested the accused in the present crime registered in Crime No.344 of 2022 alleged that the A1 was in possession of 25 tablets of MDMA weighing about 12.80 gms and it is a commercial quantity.