Loganathan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Tenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11942 of 2021 LOGANATHAN [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, S-5, PALLAVARAM POLICE STATION, CHENNAI.

For Petitioner : M/S.S.ANANDAKUMAR Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8 (c ), 20(b)(ii)(B) of the NDPS Act 1985, in Crime No.717 of 2019, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused persons have selling Ganja of 1 kg 300 grams. Hence, the complaint was registered.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that co-accused has already been arrested and thereafter they were released on bail and nothing recovery from this petitioner. He would further submit that there is no previous case pending as against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate submits that there are totally three accused persons involved in this crime. He would further submit that the petitioner along with other accused persons had selling Ganja of 1 kg 300 grams. He would further submit that the petitioner is the main accused. He would further submit that entire contraband was also seized along with A1. He further submits that this Court had already dismissed the anticipatory bail application with regard to the petitioner in Crl.O.P.2698 of 2021 dated 23.02.2021. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Considering the rival submission on either side and on perusal of the materials available on record.

6. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner is the named accused and the petitioner has involved in very serious offence and there is no change of circumstances , this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/08/2021 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 INSPECTOR OF POLICE, S-5, PALLAVARAM POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.ANANDAKUMAR Advocate on payment of necessary charges CRL OP.11942/2021 Date :10/08/2021 APN 25/08/2021 https://hcservices.ecourts.gov.in/hcservices/