Gunasekaran @ Gethai Sekar v. State By

T.V.THAMILSELVI, J.

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 NDPS Act, 1985, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant had lodged the complaint against the petitioner stating that the accused person A1 found in possession of 6 kigs of Ganja and A2 was found in possession of 4 Kgs of Ganja and both of them confessed that the petitioner had called them and given rs.40,000/- for the purchase of Ganja from Andhra Pradesh and that he would pay Rs.10,000/- after delivery of Ganja to him. Hence the complaint. 3.The learned counsel for the petitioner submitted that he is no way connected with the above said offence and he is not found in the scene of occurrence and only based on the confession of accused, the police had foisted a false case against the petitioner since he has previous case. The respondent police had registered this case only for the statistical purpose and there is no iota of material connecting the petitioner other than the confession of the accused 1/5

persons. He further submits that he is permanently residing at the said address and he is innocent. He undertakes to abide by any condition that may be imposed upon him and he also undertakes to co-operate with the trial proceedings and he will neither tamper with the witnesses nor hamper with the investigation and he will extend all co-operation for the trial proceedings. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that A1 is not still arrest in this case. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the entire materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and considering the gravity of the offence and also taking note of the fact that the case is at initial stage and it needs detailed investigation. Hence, this Court is 2/5

not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition stands dismissed. 17.04.2024 ah 3/5

T.V.THAMILSELVI, J.

ah 4/5

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