Madras High CourtCRL OP/6482/2021dismissed

Balamurugan @ Gana Bala v. State Rep.By

2021-04-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2021

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6482 of 2021 Balamurugan @ Gana Bala .. Petitioner Vs.

The State rep. By The Inspector of Police, V-6 Kolathur Police Station, Chennai -600 099.

(Crime No.804 of 2020) ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.804 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.P.Anbazhagan For Respondent : Mr.L.Charles Premkumar Government Advocate

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c),20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, in Crime No.804 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.09.2020 the petitioner along with other accused was found in possession of 1.985 kgs. of Ganja. Hence the complaint was registered.

3. The learned counsel for the petitioner would submit that this is the 3rd application for anticipatory bail and the earlier applications were dismissed by this Court in Crl.O.P.Nos.15599 of 2020 and Crl.O.P.No.1000 of 2021 by order dated 05.10.2020 and 01.02.2021 respectively, on the ground that the petitioner has two previous cases. He would submit that those cases are pending trial and that they were registered four year ago and in the recent past, the petitioner has no case against him. He would further submit that the petitioner is a famous Gana Singer for the past several years and https://hcservices.ecourts.gov.in/hcservices/

he is running a registered You Tube Channel also in the name of Gana Rockers Media and he has uploaded more than 80 vidoes. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate would vehemently oppose the petition stating that the petitioner along with other accused was found in possession of 1.985 kg Ganja and that he has got two previous cases registered for offence under NDPS Act and they are pending trial. He would further submit that after the dismissal of the earlier applications, there is no change in circumstances.

5. This Court taking into consideration the nature of offence and the fact that the petitioner had involved in two previous cases of similar nature, this Court had dismissed the earlier applications vide order dated 05.10.2020 and 01.02.2021 and that there is no change in circumstances. Thereby, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 28/04/2021 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, V-6 KOLATHUR POLICE STATION, CHENNAI - 99.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.ANBAZHAGAN Advocate on payment of necessary charges CRL OP.6482/2021 Date :28/04/2021 RVR 25/06/2021 https://hcservices.ecourts.gov.in/hcservices/