A.Arun v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16295 of 2021 A.ARUN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT] THE INSPECTOR OF POLICE, F1, GUMMIDIPOONDI POLICE STATION, THIRUVALLUR DISTRICT.
(CRIME NO.274/2021) For Petitioner : M/S. SYED ALIM.H 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 for the alleged offence under Sections 8C, 20b(II)(B), 29(1) of NDPS Act 1985 in Crime No.274 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other accused persons were selling Ganja under the bridge and the respondent police arrested the co-accused and seized 5 kgs of contraband from them while conducting a search based on the information received from the secret informer. Hence the case was registered against the petitioner before the respondent police. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the Respondent police foisted a false case against the petitioner with an oblique motive to trap the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.
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4.The learned Government Advocate would submit that this is the second anticipatory bail application filed by the petitioner and this Court has already dismissed the earlier anticipatory bail application of the petitioner. He also submitted that the seized quantity was not a commercial quantity and there are several previous case pending against the petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5.Considering the gravity of offence and the earlier anticipatory bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this criminal original petition is dismissed. -sd/- 07/09/2021 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, F1, GUMMIDIPOONDI POLICE STATION, THIRUVALLUR DISTRICT.
2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
CC to M/S. SYED ALIM.H Advocate on payment of necessary charges CRL OP.16295/2021 Date :07/09/2021 INBA 24/09/2021 https://hcservices.ecourts.gov.in/hcservices/