Madras High CourtCRL OP/22603/2021dismissed

S.Jayanthi v. State Rep.By

2021-12-21Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.22603 of 2021 S.JAYANTHI [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-11 THIRUNINRAUR POLICE STATION, CHENNAI-602 024.

CRIME NO.682 OF 2020.

For Petitioner : M/S.B.GANDHI Advocate For Respondent : M/S.S.SUGENDRAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 8(c) read with 20,(b)(ii), (B) of NDPS Act 1985 in Crime No.682 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.This is the fifth application for anticipatory bail. 3.The case of the prosecution as per the defacto complainant is that on 05.10.2020 at about 10.00 a.m., while the respondent police was on patrol duty, A1 was found in illegal possession of 1kg of Ganja and on enquiry, he informed that he had purchased the ganja along with the petitioner. Further, on his confession, the respondent police recovered 15 kg of Ganja from the house of the petitioner.

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4.Learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated based on the confession of the arrested accused and thereby he would seek for anticipatory bail.

5.Mr.S.Sugendran, learned Government Advocate (crl side) appearing for the respondent would submit that the first accused was arrested on 05.01.2020 and on that day, he was found to be in illegal possession of 1kg Ganja. During the course of investigation, he informed that he had purchased ganja along with this petitioner and based on his confession, a search was conducted in the premises of the petitioner and 15 kg of ganja was recovered from the house of the petitioner and the petitioner had absconded from the scene of occurrence. He would further submit that the co-accused was granted bail on 02.04.2021. As far as this petitioner is concerned, though there is no previous case against the petitioner, there is no change of circumstances and huge possession of 14 kg of ganja was recovered from the house of the petitioner.

6.Taking into consideration of the fact that there is no change of circumstances after the earlier dismissal of the anticipatory bail applications, this Criminal Original Petition stands dismissed. -sd/- 21/12/2021 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, T-11 THIRUNINRAUR POLICE STATION, CHENNAI-602024.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.GANDHI Advocate on payment of necessary charges CRL OP.22603/2021 Date :21/12/2021 RW 30/12/2021 https://hcservices.ecourts.gov.in/hcservices/