Pandeeswaran v. The Inspector Of Police
CRL OP(MD). No.6759 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/05/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.6759 of 2021 Pandeeswaran ... Petitioner/Accused No.6 Vs 1.The State rep by The Inspector of Police, Cumbum North Police Station, Theni District (Crime No. 909/2020) Now the Case has been Transferred to NIBCID, Theni as Crime No. 42/2020).
2. The State rep by The Inspector of Police, NIBCID, Police Station, Theni District. ... Respondent/Complainant For Petitioner : Mr.S.Prabhu, Advocate.
For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 42 of 2020 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.6, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of NDPS Act and Section 269 of IPC and Section 3 of Epidemic Diseases Act and Section 51(b) of Disaster Management Act, in Crime No.42 of 2020, seeks Anticipatory Bail.
2.The case of the prosecution is that on 16.06.2020, based on the secret information, the respondent police conducted a raid at New Bypass road, Kattuva Pallivasal, at that time, the petitioner and other accused were found in possession of 23 Kgs of Ganja. Hence, the case has been registered for the offences as stated above.
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CRL OP(MD). No.6759 of 2021 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) submitted that there are seven accused and the petitioner is arrayed as A6. Except A3, all the other accused are still in custody. He further submitted that the petitioner is having seven previous cases and investigation has been completed and charge sheet has been filed and the same has been taken on file in C.C.No.308 of 2020. He further submitted that the contraband seized from the accused is commercial quantity and therefore, he opposed this bail petition.
5. Considering the facts and circumstances of the case and also considering the fact that the contraband in question is 23 Kgs of Ganja, which is a commercial quantity and the petitioner is having seven previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.
Sd/- 12/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.
2. THE INSPECTOR OF POLICE, NIBCID, POLICE STATION THENI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.6759 of 2021 Date :12/05/2021 Ls/VSM AE/VR/SAR-IV/20.05.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2