Vediyammal v. The State Rep By

Crl.O.P.No.1253 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) r/w 22(c) of NDPS Act, 1985 r/w Section 25 of JJ Act, 2000 in Crime No.35 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 2 kgs of Ganja illegally and on seeing the respondent police they ran away from the scene of occurrence. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that this is the second anticipatory bail petition filed by the petitioner. Earlier petition filed by the petitioner in Crl.O.P.No.13200 of 2022 was dismissed on 08.06.2022. He would also submit that the petitioner is ready and willing to abide by any stringent condition as imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the petitioner was found in possession of 2 kgs of Ganja illegally. He would further submit that there is no change of circumstances after the previous dismissal order was passed. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also that 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 with cost.

7. The petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the Tamil Nadu State Legal Services Authority, Chennai. 23.01.2023 mn

G.K.ILANTHIRAIYAN, J.

mn Crl.O.P.No.1253 of 2023 23.01.2023