Barnikana Pavan Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI BARNIKANA PAVAN KUMAR ... PETITIONER / ACCUSED No.10 Vs THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.355/2023 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.N.VIGNESH 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.355/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner/A10, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 25 and 29(1) 1/3

of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 116 of IPC, in Crime No.355 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the other accused persons went to Andrapradesh and purchased huge quantity of Ganja from the petitioner and A11. Hence, the complaint.

3.The learned counsel for the petitioner would submit that this is the second anticipatory bail petition. Earlier petition filed by the petitioner in Crl.OP(MD) No.23419 of 2023 was dismissed by this Court on 04.01.2024. He would further submit that the petitioner is a student and he has not committed any offence as alleged by the prosecution and based on the confession statement of the other accused persons, he has been falsely implicated in this case and hence, he prays for grant bail to the petitioner.

4.The learned Additional Public Prosecutor for the State would submit that there is no change of circumstances. This is the second anticipatory bail petition. Earlier petition filed by the petitioner was dismissed by this Court on 04.01.2024. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner. 5.Considering the above facts and circumstances of the case and also considering the facts that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

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6.In the result, this Criminal Original Petition is dismissed. sd/- 05/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :05/02/2024 SS/JGB/SAR- /09/02/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3