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Madras High CourtCRL OP(MD)/6316/2023dismissed

Gangadeva v. The Inspector Of Police

2023-04-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD)No.6316 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.04.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.6316 of 2023 Gangadeva ... Petitioner/Accused No.1 Vs 1.State Rep by The Inspector of Police, Theni Police Station, Theni.

2.State Rep by The Sub Inspector of Police, Allinagaram Police Station, Theni District.

(Crime No.621 of 2021) ... Respondent/Complainant For Petitioner : Mr.S.Mahendrapathy, Advocate For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.621 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(C) of NDPS Act in Crime No.621 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 18.12.2021, at about 17.00 hours, based on secret information, the police party conducted search near Vallinagar Pandi Kovil. At that time they found three persons carrying three plastic bags and on seeing police, one person was escaped from the place and other two were apprehended by the police and they were in illegal possession of 21 kgs of ganja. Hence, the case.

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

CRL OP(MD)No.6316 of 2023 3.Heard both sides and perused the materials available in the record.

4.It is seen that this is third petition for anticipatory bail. Previous petitions were dismissed by this Court on the ground that the petitioner is having six previous cases, out of which, two cases are related to NDPS case and he is a habitual offender. 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/- 05/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI. 2.THE SUB INSPECTOR OF POLICE, ALLINAGARAM POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6316 of 2023 Date :05/04/2023 RS/VR/SAR-2(17.05.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2