Elangovan v. State Rep. By

A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest at the hands of the respondent/ Police for the offences punishable under Sections 8(c) read with 20(b)(ii)(A) of NDPS Act and under Section 328 of IPC in Crime No. 134 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in possession of 260 grams of Ganja. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that A2 and A3 have been arrested and he has been falsely implicated in this case based on the confession of the coaccused. He further submitted that no previous case is pending as against the petitioner under NDPS Act. Since because, he has got three previous cases under IPC Act, he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner along with other accused persons were found in possession of 260 grams of Ganja. He further submitted that the petitioner has three previous cases under IPC Act pending against him.

5. Heard both sides and perused the materials available on record including the FIR.

6. Taking into consideration the facts and submissions of the learned Counsel and also the fact that the petitioner has three previous cases, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 12.06.2023 mfa A.D.JAGADISH CHANDIRA, J.

mfa 12.06.2023