Ismail, S/O.Syed Rowthar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.501 of 2017 ISMAIL ... PETITIONER /SOLE ACCUSED Vs 1 THE INSPECTOR OF POLICE MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME.NO.137 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.M.HASSANUL BAZARI Advocate For Respondent : MR.R.RAMACHANDRAN, ADDITIONAL PUBLIC PROSECUTOR ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act IPC, in Crime No.137 of 2016, on the file of the respondent police, seeks anticipatory bail.

2.Heard both sides.

3.The case of the prosecution is that the respondent police conducted a raid along with the police party and at that time the accused was intercepted and the police party found that he carried a bag containing 6 Kgs of ganja.

4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Additional Public Prosecutor would submit that if the petitioner is released on anticipatory bail, he would indulge in

similar offence.

6.Considering the facts and circumstances of the case and also taking note of the fact that 6 Kgs of Ganja has been recovered from the petitioner and the petitioner ran away from the scene of occurrence, this Court is of the view that custodial interrogation of the petitioner is required in this case and therefore, I am not inclined to grant anticipatory bail to the petitioner and it is open to the petitioner to surrender and thereafter, seek bail. Hence, this petition is dismissed.

sd/- 30/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, MANDAPAM POLICE STATION,RAMANATHAPURAM DISTRICT. 2.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI NBI JS/SV/MMS/03.02.2017/2P-3C

ORDER

IN CRL OP(MD) No.501 of 2017 Date :30/01/2017 https://hcservices.ecourts.gov.in/hcservices/