S. Ramanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of February Two Thousand Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1744 of 2017 S.RAMANATHAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NIB-CID RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

CRIME NO.14/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SELVAKUMAR, Advocate For Respondent : MR.P.KANNITHEVAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 8(c) r/w. 20(b)(ii) B and Sections 25 and 29 of the NDPS Act, 1985, in Crime No.14 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 01.02.2016 the respondent police seized 8 K.Gs of Ganja from a Toyota Etios car bearing Registration No.TN-65-R-2826. Accused Nos.2, 3, 4, 7 and 8 were arrested and on their confession, 12 K.Gs. of Ganja were seized under seizure mahazar. On complaint, a case has been registered for the offences stated above.

3. The case of the petitioner is that he is running a Real Estate Business and a Cab in Ramanathapuram District. He is an innocent and he has not committed any offence, as alleged by the prosecution. According to him, the contraband was not seized from him and it was seized only from the other accused.

4. The learned Government Advocate (Criminal side) submitted that this is the sixth anticipatory bail petition and already this Court dismissed the earlier petitions for anticipatory bail filed by the petitioner and now, there is no change of circumstances. If anticipatory bail is granted to the petitioner, he will tamper the evidence and hamper the investigation and therefore, he prayed for dismissal of the criminal original petition.

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5.

Taking into consideration the nature of allegations against this petitioner and also the fact that the contraband seized is commercial quantity and already this Court dismissed the earlier petitions for anticipatory bail filed by the petitioner and now, there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 23/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, NIB-CID RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.1744 of 2017 Date :23/02/2017 ms-cm-msa/sar-3/28.02.17/p2/3c https://hcservices.ecourts.gov.in/hcservices/