Ik@Muthu Irulandi v. The Inspector Of Police
CRL OP(MD). No.6951 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6951 of 2021 IK @ Muthu Irulandi ... Petitioner/Accused Vs State Rep.by The Inspector of Police, Keeraithurai Police Station, Madurai City.
(In Crime No.239/2021) ... Respondent/Complainant For Petitioner : Mr.S.Varatharajan, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in the event of their arrest in connection with in Crime No.239/2021.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 8 (c), r/w 20 (b) (ii) (c), 25 of NDPS Act, 25 (1) (a) of Arms Act and 4 (1 (a) of TN Prohibition Act in Crime No.239 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 08.05.2021, when the de-facto complainant was conducting usual checkup, at that time, he came to know that the petitioner / sole accused herein, was having a travel bag, which contains 1 1/2 Kgs of Kanja, three knives and 45 liquor bottles. Hence, the respondent police registered a case against the petitioner herein.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in the present case and hence, they seek https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.6951 of 2021 anticipatory bail. He would further submit that the respondent Police has already lodged a false case against the petitioner herein in Crime No.1306 of 2020 and subsequently, he was granted anticipatory bail by this Court in CrlO.P.(MD).No.330 of 2021, dated 29.01.2021. When he complied with the conditions given by this Court, the respondent Police threatened him that they will file many more put up cases against him.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner has committed serious offences under Section 8 (c), r/w 20 (b) (ii) (c), 25 of NDPS Act, 25 (1) (a) of Arms Act and 4 (1 (a) of TN Prohibition Act.
5. A reading of the First Information Report would show that the petitioner has committed serious offences. It is seen that the petitioner has also involved in Crime No.1306 of 2021. For granting bail, Section 37 of the NDPS Act must be satisfied by the petitioner herein, but has not, except stating that it is a false case.
6. Considering the antecedents of the petitioner and considering the nature of the offences, this Court is not inclined to grant anticipatory bail to the petitioner.
7. With the above observations, this Criminal Original Petition stands dismissed.
sd/- 19/05/2021 / 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, KEERAITHURAI POLICE STATION, MADURAI CITY.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6951 of 2021 Date :19/05/2021 TSG/TM MS/MNR/SAR-3/26.05.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2