Eswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.760 of 2015 ESWARI ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

CRIME NO.16/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police in Cr.No.16 of 2015, for the alleged commission of offences punishable under Sections 8(c) r/w. 20(b) (ii) (B) of NDPS Act on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).

3.It is the case of the prosecution that the Police have already intercepted the first accused, while he was carrying 3 kilograms of ganja and registered a case in Cr.No.16 of 2015. Based on the confession of the co-accused, this petitioner has been implicated.

4.The learned Government Advocate (Crl.Side) submits that there is one previous case pending as against the petitioner in Cr.No.202 of 2014 for involvement in commercial quantity of ganja. 5.On 04.02.2015, the learned counsel for the petitioner contended that Eswari in Cr.No.202 of 2014 is not this petitioner. Based on that representation only, this case is posted today. https://hcservices.ecourts.gov.in/hcservices/

6.Today, on instructions from the respondent Police, the learned Government Advocate (Crl.Side) submits that the Eswari in Cr.No.202 of 2014 and this petitioner Eswari are one and the same. 7.Hence, this is not a fit case for grant of anticipatory bail. 8.Accordingly, this anticipatory bail petition is dismissed. sd/- 11/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

RL/3 C- 16/2/2015

ORDER

IN CRL OP(MD) No.760 of 2015 Date :11/02/2015 https://hcservices.ecourts.gov.in/hcservices/