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Madras High CourtCRL OP(MD)/4964/2023dismissed

Dinesh @ Dhinesh Kumar v. The Inspector Of Police

2023-03-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.4964 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.4964 of 2023 Dinesh @ Dhinesh Kumar ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, Mathichayam Police Station, Mathichayam, Madurai District.

(Crime No.662/2022).

... Respondent/Complainant For Petitioner : M/s.Sankara Pandian J, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.662/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 22(b) of NDPS Act and Section 328 of I.P.C., in Crime No.662 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused were found in illegal possession of 1600 tables of Zycolchin (40 strips), 590 Tablets of Salazar-DS (59 strips), 14080 Tablets of Appigesic MR (148 strips), 720 Tablets of Zurig Tablets40 (24 strips), Zolpiden IP-5m (40 strips), totally 17030 tablets and 105 bottles of API-KOF-DX 100ml. Hence, the case. 3.Heard. Perused the materials available on record including the First Information Report.

4.The learned counsel for the petitioner would submit that the petitioner had escaped from the two wheeler after seeing the police persons. Thereafter, the alleged contraband was seized from A1 and A4. Therefore, the petitioner is no way connected with the case as alleged by the prosecution.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.4964 of 2023 5.On perusal of the records reveals that there are four accused in this case. After registration of the First Information Report, the 1600 tables of Zycolchin (40 strips), 590 Tablets of Salazar-DS (59 strips), 14080 Tablets of Appigesic MR (148 strips), 720 Tablets of Zurig Tablets-40 (24 strips), Zolpiden IP-5m (40 strips), totally 17030 tablets and 105 bottles of API-KOF-DX 100ml are seized from the apprehended accused. That apart, it is a case under NDPS Act. Therefore, the petitioner is not entitled for anticipatory bail. 6.Since the custodial interrogation of the petitioner is very much necessary in this case, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Hence, this petition is dismissed.

sd/- 16/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE, MATHICHAYAM POLICE STATION, MATHICHAYAM, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4964 of 2023 Date :16/03/2023 SA/SBN/SAR.2/28.03.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2