Senthil @ Kasaya Senthil v. The Inspector Of Police

CRL OP(MD). No.5774 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.5774 of 2022 Senthil @ Kasaya Senthil ... Petitioner/Accused No.5 Vs.

The State Rep. By, The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

(Cr.No.113/2022).

... Respondent/Complainant For Petitioner : Mr.Sathish Kumar K, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime No.113 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 8(c) r/w 20(b)(ii)(A) of NDPS Act and 506(ii) IPC and Section 25 (1A) of Arms Act, in Cr.No.113 of 2022, seek anticipatory bail. 2.The case of the prosecution is that on receiving secret information, 20.03.2020 at about 15.30 hours, the Police party visited the occurrence place, wherein they found that the petitioner/A5 and the other accused were in possession of Ganja and the respondent Police seized 500 gms of Ganja from the first accused; 300 gms of Ganja from the second accused and 300 gms of Ganja from the third accused and also they have recovered 200 gms of Ganja in the Green color Polythene cover, which was thrown by the accused Nos.4 and 5. Hence, the present complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5774 of 2022 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that according to the prosecution, the petitioner was alleged to be in possession of 200 gms of Ganja and that 1300 grams of Ganja recovered from the other accused.

4.The learned Additional Public Prosecutor appearing for the State would submit that the petitioner is having five previous cases under the NDPS Act, in which, two cases related to commercial quantity.

5.Considering the above facts and circumstances and also the fact that the petitioner is having five previous cases under the NDPS Act, which includes two cases of commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 11/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.5774 of 2022 Date :11/04/2022 USK/VR/SAR-I/22.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2