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Madras High CourtCRL OP(MD)/5087/2023dismissed

Ganesan v. The Inspector Of Police

2023-03-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.03.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.5087 of 2023 R.Ganesan ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, Odaipatti Police Station, Theni District.

(Crime No.52 of 2022) ... Respondent/Complainant For Petitioner : Mr.K.Maharajan For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.52 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /A5, who was arrested and remanded to judicial custody on 22.03.2022 for the offence under section 8(c) r/w 20(b) (ii)(B), 25 of NDPS Act in Crime No.52 of 2022 on the file of the respondent police seeks bail.

2.The case of the prosecution is that on 19.03.2022, the respondent police conducted vehicle check-up at Vellaiyammalpuram Division near PKS Nagar, Odaipatti. At that time, the respondent police stopped the motorcycle bearing Reg.No.TN 60 X 5755 driven by the first accused and tried to escape from the place, leaving the bike and white colour gunny bag, however, he fell down. While checking in the gunny bag, it was found 22kg of ganja and totally 84 kg of ganja was seized. Hence the case.

3.Heard both sides and perused the materials available on record including the First Information Report. https://www.mhc.tn.gov.in/judis 4.It is seen that it is second petition for anticipatory bail and the first petition was dismissed on 05.01.2023. There is no

change in circumstances. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 17/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.MAHARAJAN K Advocate SR.No.16123(F)

ORDER

IN CRL OP(MD) No.5087 of 2023 Date :17/03/2023 SS/MMS/SAR II/05/04/2023/2P/5C https://www.mhc.tn.gov.in/judis