Madras High CourtCRL OP/24253/2021dismissed

Sara @ Sarathkumar v. State Rep By

2021-12-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.24253 of 2021 SARA @ SARATHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, N4, FISHING HARBOUR POLICE STATION, CHENNAI CRIME NO.949 OF 2021.

For Petitioner : M/S.M.NITHIYAVEL 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 Section 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.949 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused person were found in illegal possession of 1.3 Kgs of Ganja and the same was seized by the respondent police. Hence, this complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent persons and he has been falsely implicated in this case. He further submitted that the contraband was recovered from the accused A1 and not from the petitioner. Hence, he prays for grant of 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 the earlier anticipatory bail application of the petitioner. He further submitted that there are ten previous cases pending against the petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

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5.Considering the gravity of the offence and the fact that there are ten previous cases pending against the petitioner and since there is no change of circumstances pointed out, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 14/12/2021 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, N4, FISHING HARBOUR POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.NITHIYAVEL Advocate on payment of necessary charges CRL OP.24253/2021 Date :14/12/2021 MK:23/12/2021 https://hcservices.ecourts.gov.in/hcservices/