Madras High CourtCRL OP(MD)/2181/2024dismissed

Gunasekaran v. The Sub Inspector Of Police

2024-02-13Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI GUNASEKARAN ... PETITIONER/ACCUSED NO.2 Vs THE SUB INSPECTOR OF POLICE JETTY POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.103/2022 ... RESPONDENT/COMPLAINANT For Petitioner : MR.K.GOKUL, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.103/2022 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner, who is facing trial for the offence punishable under Sections 8(c), 20(b)(ii)(C), 25, 23(c) and 28 of NDPS Act, 1985, in C.C.No.165 of 2023 on the file of 1/3

the learned Additional District Judge for E.C and NDPS, Pudukottai, in Crime No.103 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the other accused were found in illegal possession of 25 kgs of Ganja. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that since the petitioner has not appeared before the respondent Police, absconding charge sheet has been filed against the petitioner and the same was taken on file in C.C.No.165 of 2023 by the learned Additional District Judge for E.C and NDPS, Pudukottai. Thereafter, the petitioner could not appear before the trial Court and the trial Court has issued Non-Bailable warrant against the petitioner on 16.02.2023. However, the co-accused got acquittal on 12.12.2023. Therefore, this Petition has been filed.

4. Though the petitioner has filed this Criminal Original Petition seeking anticipatory bail, remedy is available to the petitioner only before the trial Court. Hence, liberty is granted to the petitioner to file an appropriate application before the trial Court and the petitioner is directed to co-operate with the trial for early disposal of the case in C.C.No.165 of 2023.

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5. Accordingly, this Criminal Original Petition is dismissed. sd/- 13/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB TO 1.THE ADDITIONAL DISTRICT JUDGE FOR E.C AND NDPS, PUDUKOTTAI, 2.THE SUB INSPECTOR OF POLICE JETTY POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN Date :13/02/2024 RK/JGB (21/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3