Madras High CourtCRL OP/2241/2021dismissed

S.Muthuvel v. State Rep By

2021-02-10Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2241 of 2021

1. S.Muthuvel

2. S.Nandhakumar

3. Dhinakaran

4. A.Yuvaraj

5. V.Hariharan

6. S.Vinoth

7. Dhevadoss

8. D.Sarathkumar

9. M.Ragu

10. P.Aakash ... Petitioners -VsState by The Inspector of Police, Muthupettai Police Station, Tiruvarur.

(Crime No.32 of 2021) ... Respondent Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.32 of 2021 is pending on the file of the respondent police.

For Petitioners : Mr.M.Jaikumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The case has been heard through video conference The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c), 20(b)(ii)(A) Narcotic Drugs & Psychotropic Substances Act, 1985 and 25(1)(a) of Arms Act, in Crime No.32 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there are totally 13 accused persons involved in this case. Further, the petitioners packing Ganja in cover, at that time, the respondent police went to the scene of occurrence, A1 and A2 have been arrested and some of the accused have escaped from the place. Based on the confession of arrested accused, these petitioners were implicated in this case.

3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they been falsely implicated in this case. He would further submit that based on the confession of A1 and A2, these petitioners were implicated in this case. He would further submit that there is no previous case pending as against the petitioners Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submits that that there are totally 13 accused persons involved in this case. Further, the petitioners packing Ganja in cover, at that time, the respondent police went to the scene of occurrence ,A1 and A2 have been arrested and some of the accused have escaped from the place. Based on the confession of arrested accused, these petitioners were implicated in this case. He would further submi that A1 and A2 have been arrested and still in judicial custody. Hence he vehemently opposed to grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and that the arrested custody are still in custody, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE COURT, THIRUTHURAIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, TIRUVARUR.

CC to M/S M.JAIKUMAR Advocate on payment of necessary charges CRL OP.2241/2021 Date :10/02/2021 cs 24/02/2021