Duraichi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4946 of 2018 DURAICHI ... PETITIONER/ACCUSED No.4 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI (IN CRIME NO. 391/2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.SEKAR, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.4, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii) (c) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.

391 of 2018, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused was found in illegal possession of 2.75Kgs of Ganja and after seeing the police party, the petitioner ran from there. Therefore, the defacto complainant has lodged the present complaint, based on which, the respondent police registered a case in Crime No.391 of 2017 on the file of the Kovilpatti West Police Station, Thoothukudi.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any of the offences as alleged by the prosecution. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.side) appearing for the State submitted that there were four previous cases pending against the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is a habitual offender and already there are four previous cases pending against the petitioner, the question of granting Anticipatory Bail does not arise. Hence this Court is not inclined to grant Anticipatory Bail. Accordingly, this Criminal Original Petition is dismissed. sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI.

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

ORDER

IN CRL OP(MD) No.4946 of 2018 Date :02/04/2018 PK/RR/SAR-1/06.04.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/