Madras High CourtCRL OP/22508/2021dismissed

A.Arun v. The Inspector Of Police

2021-12-03Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22508 of 2021 A.ARUN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE F1, GUMMIDIPOONDI POLICE STATION, THIRUVALLUR DISTRICT.

CRIME NO.274 OF 2021.

For Petitioner : M/S. GANESHA MOORTHY B. Advocate For Respondent : MR.S.BALAJI, 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 offence under Section 8(c), 20(b) (ii)(B), 29(1) of the NDPS Act, 1985 in Cr.No.274 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused in the case are alleged to have been found in possession of 5 Kgs. of Ganja. The petitioner is arrayed as A3.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case and would further submit that the contraband was seized only from the coaccused and based on the confession of the co-accused, the petitioner was implicated in the case and that the co-accused has already been enlarged on bail.

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4.The learned Government Advocate (Crl. Side) would submit that the petitioner escaped from the scene of occurrence and would further submit that apart from this case, there are two previous cases as against the petitioner, one for the offence under Section 302 of IPC and another for the offence of robbery. He would further submit that earlier, the petitioner approached this Court by filing Crl.O.P.Nos.13269 and 16295 of 2021 and this Court has dismissed the said petitions.

5.Considering the fact that there are two previous cases as against the petitioner and since there is no change in circumstances subsequent to the order passed in Crl.O.P.Nos.13269 and 16295 of 2021, this Court is not inclined to grant anticipatory bail to the petitioner.

6.This criminal original petition is accordingly dismissed. -sd/- 03/12/2021 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. GANESHA MOORTHY B. Advocate on payment of necessary charges CRL OP.22508/2021 Date :03/12/2021 JPA 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/