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Madras High CourtCRL OP(MD)/773/2022dismissed

D.Deepak Kumar v. The Sub Inspector Of Police

2022-01-20Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.773 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.773 of 2022 Deepak Kumar ... Petitioner/Sole Accused Vs The State Rep.by The Sub Inspector of Police, Vedasandur Police Station, Dindigul District.

Crime No.740 of 2021.

... Respondent/Complainant For Petitioner : M/s.Pandiyarajan B, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.740 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged non-bailable offences punishable under Section 8(c) r/w 20(b)(ii)(B)of the N.D.P.S Act, in Crime No.740 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 23.08.2021, at about 12.30 p.m, when the Police officials were on surveillance near Vedasandur, they found that the petitioner was standing with a yellow colour bag. On seeing the Police, the petitioner disappeared from the scene of occurrence, by leaving the yellow colour bag. On search, they found 1.250 kg of dry ganja in the yellow colour bag. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is falsely implicated in this case.

4. Heard the learned Government Advocate appearing for the respondent Police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.773 of 2022

5. This is the third anticipatory bail petition filed by the petitioner and the earlier petitions filed by the petitioner in Crl.O.P(MD) Nos.14029 and 17818 of 2021 were dismissed on 05.10.2021 and 24.11.2021, after elaborately considering the points raised by the petitioner. However, the application filed by the petitioner is without referring the change of circumstances to consider the case. Since there is no change of circumstances and considering the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 20/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SUB INSPECTOR OF POLICE, VEDASANDUR POLICE STATION, DINDIGUL DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.773 of 2022 Date :20/01/2022 vji MS/JM/SAR-1/03.02.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2