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Madras High CourtCRL OP/686/2023dismissed

Poopandi v. State Rep By Its

2023-01-12Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(1) of NDPS Act in Crime No.35 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that upon reliable information, the respondent police had went to the scene of occurrence, where they have found that A1 and A2 have illegally transported 25 Kilograms of Ganja in the petitioner's lorry bearing Registration No.TN 58 AW 6750. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that from the confession statement of one Meenakshi Sundaram/A1, it reveals that the lorry bearing Registration No.TN 58 AW 6750 belongs to the petitioner/A3 and one Sowdhar/A4 was also involved and he was the key person to procure the Ganja being transported from Andhra and distributed the same as per the petitioner's instructions. He would further submit that A1 and A2 had collected the contraband via Vizag to Rajamundry in Andhra Pradesh as per the order of the petitioner/A3. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard both sides and perused the materials including the confession statement of A1.

6.Taking into consideration the facts and circumstances of the case and also considering the confession statement of A1 and considering the gravity of the offence, this Court feels that if the petitioner is enlarged on anticipatory bail,

there cannot be any proper interrogation and there is a possibility of hampering or tampering of the witnesses. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 12.01.2023 sp

T.V.THAMILSELVI,J.

sp 12.01.2023