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Madras High CourtCRL OP(MD)/18823/2018dismissed

Samayal v. The Sub Inspector Of Police

2019-02-04Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.18823 of 2018 SAMAYAL ... PETITIONER / ACCUSED NO.3 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

CRIME NO.608/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MAHENDRAPATHY, Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 8(c) r/w 20(b)(ii) (B) of NDPS Act in Cr.No.608 of 2018 on the file of the respondent police, seek anticipatory bail.

2.It is the case of the prosecution that on 27.08.2018 on secret information, the respondent police while on a patrol duty near Annamparipatti Village, the accused Nos.1 and 2 were found in possession of 2.250 kgs of Ganja and the entire contraband were seized. After seeing the respondent police, the petitioner fled away from the place of occurrence.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the respondent State would submit that the earlier petition filed by the petitioner for anticipatory bail in Crl.O.P.(MD)Nos.16045 of 2018 was dismissed on 24.09.2018 and now, there is no change of circumstance.

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5.Considering the facts and circumstances of the case and also considering the serious allegations levelled against the petitioner and suppression of fact that the earlier petition filed by the petitioner for anticipatory bail in Crl.O.P.(MD)Nos.16045 of 2018 was dismissed on 24.09.2018 and now, there is no change of circumstance, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, this petition is dismissed. sd/- 04/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUB INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18823 of 2018 Date :04/02/2019 MS/JC/SAR-2/14.02.2019/2P.3C https://hcservices.ecourts.gov.in/hcservices/