Madras High CourtCRL OP/23520/2021dismissed

Gandhimathi v. State Rep By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23520 of 2021 GANDHIMATHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE P4-BASIN BRIDGE POLICE STATION, CHENNAI DISTRICT.

CRIME NO.1054 OF 2021 For Petitioner : M/S.K.SUBHASHINI Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor 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) of NDPS Act, in Crime No.1054 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first accused was found in illegal possession of 2.200 kgs of Ganja. Further , the first accused had already been arrested and remanded to judicial custody. Based on the confession of the first accused, the petitioner was implicated in this case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that based on the confession of coaccused, the petitioner was falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submitted that earlier application was dismissed by this Court in Crl.O.P.No.17868 of 2021 dated 27.09.2021. He further submitted that there are 9 previous cases pending against the petitioner and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there are 9 previous cases pending against the petitioner and earlier application 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/- 13/12/2021 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, P4-BASIN BRIDGE POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.SUBHASHINI Advocate on payment of necessary charges CRL OP.23520/2021 Date :13/12/2021 JPA 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/