Arulselvam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22974 of 2021 ARULSELVAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, R.S. PURAM POLICE STATION, COIMBATORE DISTRICT (CRIME NO.383 OF 2021) For Petitioner : M/S. W.CAMYLES GANDHI 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 for the alleged offence under Sections 8(c) r/w. 22(b) NDPS Act & 77 JJ Act of IPC in Crime No.383 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.082021, the petitioner along with other accused persons were found in illegal possession of 60 numbers of Nitrazepam Tablets weighing 42 grams and sold the same to the young students. Hence, the law enforcing agency registered a case against the petitioner and other accused persons.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate submitted that this is the second anticipatory bail application filed by the petitioner and this Court has already dismissed https://hcservices.ecourts.gov.in/hcservices/

the earlier anticipatory bail application of the petitioner. He further submitted that the petitioner along with other accused person sold Nitrazepam Tablets to the young students. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, since the earlier anticipatory bail petition was dismissed by this Court on the ground that there are serious allegations made against the petitioner as the seized contraband are scheduled drug and by selling the same the petitioner and other accused persons have spoiled very many youngsters of that area and also since there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 01/12/2021 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, R.S.PURAM POLICE STATION, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.22974/2021 Date :01/12/2021 JPA 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/