Dinesh Kumar @ Attukal Dinesh v. The State Rep By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Dinesh Kumar @Attukal Dinesh ... Petitioner(s) /Accused Vs.

State rep. by Sub-Inspector of Police, N2 Kasimedu Police Station, Chennai.

... Respondent(s)/ Complainant Crime No.647 of 2024 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest at the hands of the respondent pending investigation in Crime No.647 of 2024, on the file of the respondent police. For petitioner(s) : Mr.Ezhil Balaji Page No.1 of 7

For Respondent(s) : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

This is the second anticipatory bail application filed by the petitioner before this Court.

2. Though the earlier anticipatory bail petition of the petitioner was dismissed by my learned predecessor, Hon'ble Justice A.D.Jagadish Chandira, this petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl.O.P.No.31787 of 2024 on 04.03.2025.

3. The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 20(b)(ii)(B) and 29(1) of Narcotics and Substances Act, 1985 in Crime No.647 of 2024, seeks anticipatory bail.

4. It is the case of the prosecution that the petitioner was found in possession of 1,200 grams of Ganja.

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5. The learned counsel for the petitioner submitted that the allegations are false and that though the earlier bail application was dismissed on 27.11.2024, the petitioner has not been arrested so far and prayed for anticipatory bail to the petitioner.

6. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that there are two previous cases against the petitioner.

7. The first anticipatory bail application filed by the petitioner herein in Crl.OP.No.29241 of 2024, dated 27.11.2024, was dismissed, insofar as the first petitioner/ petitioner herein and third petitioner are concerned, by my learned predecessor, Hon'ble Justice A.D.Jagadish Chandira, with the following observations:- "4. Having heard the learned counsel for the Page No.3 of 7

petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the second petitioner alone with certain conditions. Insofar as first and third petitioners are concerned, this petition stands dismissed."

8. This Court finds no change in circumstances and is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

19.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.4 of 7

To

1. Sub-Inspector of Police, N2 Kasimedu Police Station, Chennai.

2. The Public Prosecutor, Madras High Court, Chennai.

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SUNDER MOHAN, J.

skr Page No.6 of 7

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