Andi, S/O.Karuthakkannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.6773 of 2019 Andi ... Petitioner/2ND Accused Vs The State rep.by The Inspector of Police, Melur Police Station, Madurai District.

Crime No.83 of 2019. ... Respondent/Complainant For Petitioner : M/s.S.Muniyandi, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For anticipatory bail in cr.no.83 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petition has been filed by Accused Nos.2 seeking bail for the alleged offence punishable under Sections 8 (c) r/w 20 (b) (ii) (c) 27 (A) and 25 of NDPS Act, in Crime No.83 of 2019.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that even as per the FIR, the petitioner are found in possession of 60 Kgs of Ganja. He further submitted that the petitioner is an innocent and he has been falsely implicated in the above case, and therefore, he prayed to grant anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioner was found in possession of 60 Kgs of Ganja. Further, the name of the petitioner has been mentioned in the FIR itself. Hence, he strongly opposed this petition.

5.In the FIR, it is stated that on 09.02.2019 at about 9.00 a.m, when the police party was in surveillance at Sathiyapuram busstop, they noticed that one Pandy (A1) and Andy (A2)/petitioner) were standing and on seeing the police party the petitioner ran away from the said place and they able to nab A1 and he was in possession of 60 Kgs Ganja in a gunny bag. The quantity involved is commercial quantity. The petitioner has not satisfied the conditions envisaged under Section 37 (1) (b) (ii) of the NDPS Act. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this petition is dismissed.

sd/- 11/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6773 of 2019 Date :11/07/2019 dss TK/JC/SAR.2/22.07.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/