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Madras High CourtCRL OP/20387/2020dismissed

Velazhagi v. State By

2021-01-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.01.2021

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.20387 of 2020 Velazhagi

...Petitioner

Vs.

The State represented by, The Inspector of Police, P1, Puliyanthope Police Station, Puliyanthope, Chennai District.

(Crime No.149/2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.149 of 2020 on the file of the respondent. For Petitioner : Mr.P.Senthilkumar For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

(This Case has been heard through Video Conferencing) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(C), 20(b) (ii), 29 (1) of NDPS Act in Crime No.149 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 2 Kgs of ganja. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and a false case has been registered for the purpose of statistical purpose. He would submit that the earlier application filed by the petitioner seeking for anticipatory bail was dismissed by this Court on 10.11.2020 in Crl.O.P.No.17057 of 2020 on the ground that the petitioner has 49 previous cases. He would submit that out of the 49 cases, the petitioner has been acquitted in almost 15 cases. Hence, he prays for grant of Anticipatory Bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner was illegally found in possession of 2 Kgs of Ganja and on seeing the police, she dropped the contraband and ran away. He would further submit that the petitioner is a History Sheeter https://hcservices.ecourts.gov.in/hcservices/

(H.S.No.24/2002) and that she has 49 previous cases to her credit. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into account of the fact that the petitioner is a habitual offender against whom there are several cases pending, this Court is not inclined to grant Anticipatory Bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/01/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 INSPECTOR OF POLICE, P1, PULIYANTHOPE POLICE STATION, PULIYANTHOPE, CHENNAI.

CC to M/S.P.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.20387/2020 Date :08/01/2021 RVR 25/01/2021 https://hcservices.ecourts.gov.in/hcservices/