Madras High CourtCRL OP/13253/2021dismissed

Vimal v. State Rep By,

2021-08-03Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13253 of 2021 M.VIMAL [ PETITIONER / ACCUSED ] Vs STATE REP BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, NIB-CID-VILLUPURAM POLICE STATION, VILLUPURAM, VILLUPURAM DISTRICT.

CR NO.28/2020.

For Petitioner : M/S.R.SANTHANAM Advocate For Respondent : MR. A.GOPINATH, 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)(C) , 25, 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime.No.28 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. Totally there are 4 accused in this case and the petitioner is A4. It is alleged that the petitioner along with other accused persons have transported 112 kilograms of ganja from Andhrapradesh and the respondent police intercepted the vehicle at Vikravandi Toll and registered the case after following mandatory procedures.

3. The learned counsel for the petitioner would submit that only based on the confession statement given by A1 and A2 this petitioner had been implicated in this case. He would further submit that the petitioner had received a sum of Rs.5,000/- as hand loan from A1 and he had not returned back the amount. Due to which the defacto complainant has included the petitioner's name in the F.I.R and he has been falsely implicated in this case. Hence he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate submits that the petitioner along with other accused persons have transported 112 kilograms of ganja from Andhrapradesh. He would further submit that the petitioner is the main dealer and earlier applications filed the https://hcservices.ecourts.gov.in/hcservices/

petitioner were dismissed by this Court. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also that the seized contraband is commercial quantity and this is the third anticipatory bail application and the earlier applications were dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/08/2021 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, NIB-CID-VILLUPURAM POLICE STATION, VILLUPURAM.

VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SANTHANAM Advocate on payment of necessary charges CRL OP.13253/2021 Date :03/08/2021 INBA 10/08/2021 https://hcservices.ecourts.gov.in/hcservices/